Boyce v Eastmond

• Jurisdiction: Barbados
• Judge: Husbands, J.
• Judgment Date: 12 July 1977
• Neutral Citation: BB 1977 HC 24
• Docket Number: No. 118 of 1977
• Date: 12 July 1977
• Court: High Court (Barbados)

High Court

Husbands, J.

No. 118 of 1977

Boyce

and

Eastmond

R.L.M. Clarke for the plaintiff

Tort - Damages — Personal Injury

Facts: The plaintiff suffered serious injury to his right hand and left knee after involvement in a collision with the defendant. The defendant was found to have been liable for the collision in negligence

Held: The plaintiff was a taxi driver but the injury did not seriously affect his livelihood — Judgment for the plaintiff in the sum of $7,000.00.

Husbands, J.

1 Judgment for the plaintiff having been entered previously in default of appearance by the defendant this matter came before the assessment of damages. At the hearing the defendant did not appear and was not represented.

2 The plaintiff, a taxi driver, right handed and aged 53 was injured when his car collided with one driven negligently by the defendant. As a result the plaintiff suffered injuries in respect of his left knee and right hand. There was an abrasion on his left knee but the injury to the right hand was more serious. There was a compound comminuted fracture of the right ulna and the right radius was dislocated. Mr. Nelson, the surgeon who saw him at hospital the day after the accident stated that at that time the plaintiff had severe pain in his right elbow and was unable to move the joint. He was given analgaesics for his pain.

3 The plaintiff was operated on the same day when the head the radius was excised, a screw was inserted in the fracture of right ulna and the right elbow was immobilised by a plaster of paris cast. The plaintiff was diabetic and this condition was aggravated by the compound fracture.

4 The plaintiff remained in hospital for five weeks; one month later when the plaster cast was removed X-ray pictures showed good healing of the fracture. However swelling and poor movements of the elbow gave some cause for concern.

5 Mr. Nelson said this about his post-op progress:–

“I saw him several times and assessment on 10 ^th December, 1976 showed the swelling had decreased and the movements also improved. However he was able to bend his elbow about 70 per cent of the normal, that is to say he had a 30 per cent loss. Extension was reduced by 15 per cent, and rotation was about 30 to 40 per cent. During the course of his visits to out-patients rotation of his elbow had decreased considerably and he has very little movement in turning it from side to side at the moment. It is impossible...