Bayne v Marshall

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Rocheford, J.
• Judgment Date: 16 March 1982
• Neutral Citation: BB 1982 HC 20
• Docket Number: No. 627 of 1980
• Date: 16 March 1982

High Court. (Civil Jurisdiction)

Rocheford, J. (Ag.)

No. 627 of 1980

Bayne

and

Marshall

Mr. E. Hinds and K. Roberts for the plaintiff.

Mr. C.A. Phillips, Q.C., and Mrs. M. Boyce for the defendant.

Tort - Negligence — Liability for traffic accident.

Rocheford, J.

1 This case arises out of a collision on the 27th April, 1979, between the motor cars P. 1750 and P. 1111. The scene of the collision was Balls Road in the parish of Christ Church. The plaintiff, a taxi driver, was the owner and driver of the motor car P. 1750 and with him in his motor car was a visitor to the Island. The defendant, an employee of the Transport Board, was the owner and driver of the motor car P. 1111 and with him in his motor car were two passengers, one seated in the left front seat and the other in the centre of the back seat.

2 The plaintiff's claim is for damages and loss sustained and arising out of the said collision, caused by the negligent driving of the defendant. The defendant denies that he was guilty of negligence and he counterclaims for damages and loss sustained by the negligent driving of the plaintiff. The plaintiff denies that he was guilty of negligence.

3 Evidence was given by the plaintiff, a police constable and someone who arrived at the scene shortly after the collision, and by the defendant and the passenger that had been seated in the back seat of his motor car.

4 The plaintiff's version of the collision is as follows. He was driving his motor car along Balls Road in an easterly direction at about 15 miles per hour and on his left and proper side of the road, that is the northern side of the road. The visitor to the Island was seated in the back seat of his motor car. As he approached a right hand bend in the road, he heard the noise of the defendant's motor car which was approaching him, travelling in the opposite direction. He steered his motor car further to the northern side of the road. He then saw the defendant's motor car about 35 feet away from him, being driven about 3 feet away from its left and proper side of the road, that is the southern side of the road and travelling at about 40 to 50 miles per hour. He applied his brakes and brought his motor car to a standstill. The defendant's motor car skidded and its right front collided with the right side of his motor car. The defendant's motor car then zigzagged for a further distance of about 25 feet and came to a standstill across the road with both front wheels in the southern gutter. It effectively blocked the road to motor vehicular traffic.

5 The defendant's version of the collision is as follows. He was driving his motorcar along Balls Road in a westerly direction at about 20 miles per hour and on the southern side of the road. Just as he came out of a left hand bend in the road, he saw the plaintiff's motor car about 35 feet away from ‘him and being driven on the southern side of the road. There was a passenger seated in the front seat of the plaintiff's motor car. She was seated very close to the plaintiff and he was bending over to his left. He applied his brakes. The plaintiff's motor car swerved back to the northern side of the road and in course of this manoeuvre its right side collided with the right front of his car. His rotor car did not move beyond the point of impact. The plaintiff's motor car travelled for a further distance of about 25 feet and came to a standstill on the northern side of the...