Blackman v Cumberbatch et Al

• Jurisdiction: Barbados
• Judge: Worrell, J.
• Judgment Date: 30 June 1977
• Neutral Citation: BB 1977 HC 22
• Docket Number: No. 684 of 1976
• Date: 30 June 1977
• Court: High Court (Barbados)

High Court

Worrell, J.

No. 684 of 1976

Blackman

and

Cumberbatch et al

D.K. Rawlins for the plaintiff.

W.H.A. Hanschell, Q.C. and R.S. Nicholls for the defendant.

Damages - Traffic Accident.

Facts: This was an action for negligence arising out of an accident. The issue concerned the amount of damages that should be awarded to the plaintiff

Held: That the plaintiff would be awarded $3,847.00 as special damages — The claim of $1,840.00 for loss of use of the plaintiff's taxi would be disallowed since it was based purely on estimate and it was impossible to quantify it and make an award.

Worrell, J.

1 This is an action for damages for negligence arising out of an accident on the main road near Top Rock, Christ Church, on the 27 ^th September, 1975. The motor car M-147, owned and driven by the defendant, came into collision with the motor car S-722, owned by the plaintiff and driven by the third party.

2 The plaintiff's claim is that this accident was caused by the negligence of the defendant. This is denied by the defendant who alleges that the accident was caused wholly or in part by the negligence of the third party. The third party has not entered an appearance in these proceedings nor has he filed a defence.

3 Both vehicles were extensively damaged, and according to reports admitted in evidence satisfactory repairs could not be carried out on them.

4 In regard to the motor car M-147, the manager of A.W. Bellamys' workshop gives the pre-accident value as $2,800.00, and the cost of labour to effect repairs as $800.00. in his report, he lists some of the damaged parts as – “front bumper, left front fender, bonnet grille, left front suspension lower arm, left front park lamp, right front head lamps, left front head lamp (inner), front panel” and the estimated cost of replacing these parts he gives as $2,200.13.

5 In regard to the motor car S-722, in the report submitted by Charles McEnearney & Co. Ltd. it is stated –

“Damages: Rear bumper bar and brackets, right side tail lamp assembly, trunk lid, trunk lid moulding, trunk hinges, right side rear body panel and moulding, left side rear body panel, rear deflector panel, right front fender, rear springs, and front seat.

In addition to the above listed damages the rear chassis members, roof, and the rear section of the main body shell of this car are badly buckled and twisted to the extent that the doors no longer fit their frames.

Due to the serious nature of this latter damage we cannot, in our opinion, offer a satisfactory repair job on this car.

In the opinion of our Sales Manager the pre-accident value of this car was $5,000.00”

6 In his evidence, basil Blackman states that he was driving the motor car S-722 along Top Rock road going in the direction of Bridgetown. As he approached the junction of Top Rock Road and Graeme Hall Road, a motor car came from Graeme Hall Road without stopping and he slowed down to avoid colliding with it. He says that as he slowed down he felt an impact at the rear of his motor car, which caused it to swing around and face in opposite direction. After the impact, he discovered that his motor car was struck by the defendant's motor car. At the time of the collision Cynthia Gay was a passenger in his motor car. He says that when he slowed down he was traveling about 15 – 18 miles per hour.

7 In cross-examination to Mr. Hanschell, he said that he did not see where the motor car M-147 came from. He said that the motor car S-722 was a registered taxi owned by his father. He had just taken a lady and a baby to Dr. Ward and he was on his way to the hospital at the time of the accident. He said he did not remember how much he had received in taxi fares before the accident. He never kept a log book and his father kept no accounts.

8 In giving evidence on behalf of the plaintiff, Cynthia Gay states that on the the 27 ^th August, 1975 she was traveling in the motor car S-722 sitting next to the driver, Basil Blackman. While the motor car was proceeding along Top Rock Main Road, the motor car M-147 came down Top Rock Main Road going towards Bridgetown and struck it in the back. She states that she had just come from Dr. Ward on Maxwell Main Road and she was going to the Queen Elizabeth Hospital.

9 In cross-examination to Mr. Hanschell, she said that she had seen the motor car M-147 behind them, and that she had looked back a short time before the accident. She also speaks of seeing a motor car come out of Graeme Hall junction, but she did not see whether it stopped at the junction.

10 In his evidence, the plaintiff states he is the owner of the motor car S-722 which was driven by his son, the third party. He states that he went to Top Rock Road on the night of the accident and there he saw his motor car. It was taken to Charles McEnearney. His insurers paid him for the motor car about three weeks after the accident, and he replaced it. He estimates that he lost $40.00 per day during the period he was without the motor car.

11 In cross-examination to Mr. Hanschell, he admitted that he kept no accounts for the taxi, but he would pay his son 25% of the takings. However, he does not remember how much his son worked for. He says that he understood his motor car was...