Peter Douglas Claimant v Sean Roberts Maurice O'Garro Defendant [ECSC]

• Jurisdiction: St Vincent and the Grenadines
• Judge: Taylor-Alexander, M
• Judgment Date: 08 April 2014
• Judgment citation (vLex): [2014] ECSC J0408-1
• Court: High Court (Saint Vincent)
• Date: 08 April 2014
• Docket Number: CLAIM NO. SVGHCV2010/0125

[2014] ECSC J0408-1

EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

CLAIM NO. SVGHCV2010/0125

Between:

Peter Douglas

Claimant

and

Sean Roberts

Maurice O'Garro

Defendant

DECISION

Taylor-Alexander, M

1 This matter comes on for the assessment of damages for the personal injury loss and damage sustained by theclaimant as a result of a vehicular accident occurring on the 10^th November 2009 on the Keartons public road in St. Vincent and the Grenadines. Judgment was entered in default against the defendant on the 3^rd December 2010, in proceedings commenced on the 30^th March 2010.

2 The facts are uncomplicated and undisputed. The claimant who was a bus driver and apparently in robust health prior to the accident, suffered severe whiplash injury from which he is still incapacitated. He suffers with excruciating pain, exacerbated by sudden or sharp movements, which compromised his ability to return to work immediately following the accident. As att the date of assessment he had not continued to work as a bus driver. He suffered other difficulties. Doing household chores was compromised, nor could he attend to his animals or play basketball. His continues to have difficulty sleeping.

Pecuniary loss/Special damages

3 The sum of $1617.00 is claimed. I found the sum of $1590.00 to have been pleaded and proven by the testimony of the claimant and by documentary evidence and that is the sum I award.

General Damages

4 The claimant relied on two authorities ofDanny Bramble v William Danny and Key Properties Ltd ANUHCV1999/0160 andCarter Smith v Nicholaas Bersma ANUHCV2009/0718, both of which were comparable authorities to support an award of $90,000.00, as due compensation for the injuries suffered by the claimant. The claimant relied on three medical reports, but placed particular emphasis on the final medical report of Dr. Woods dated the 22^nd May 2012, as it, more than the earlier reports spoke to the maximum medical improvement of the claimant. Dr. Woods concluded in that report that there was long term impact resulting from the injury sustained as Mr. Douglas had developed long term degenerative disease of the cervical spine initiated or otherwise exacerbated by the injury he sustained in 2009. Further examination revealed that he had severe limitation of movement of the neck, especially on turning to the right, limited flexion and extension of the spine. There was tenderness of the right paravertebral muscles. The claimant, Dr. Douglas concluded will require long term physical therapy to improve the condition of his cervical spine. It appears that even with treatment he will have lifelong neck...