Bryan v Gordan

• Jurisdiction: Barbados
• Judge: Husbands, J.
• Judgment Date: 23 November 1983
• Neutral Citation: BB 1983 HC 76
• Docket Number: No. 179 of 1981
• Court: High Court (Barbados)
• Date: 23 November 1983

High Court. (Civil Jurisdiction)

Husbands, J.

No. 179 of 1981

Bryan

and

Gordan

Appearances:

Mr. F.G. Smith, Q.C. of Messrs. Smith & Smith for the plaintiff.

Mr. C.W.P. Chenery for the defendant

Tort - Damages — Personal injury

Husbands, J.

1 On the 1st September, 1980, the plaintiff was driving his motor cycle along the Holder's Hill Road, St. James, when it came into collision with a car driven by the defendant. The plaintiff suffered personal injury and his cycle was damaged. He claims that the collision was caused by the defendant's negligence. The defendant denies being negligent, alleges that the collision was caused wholly or in part by the plaintiff's negligence and counterclaims damages in respect of her car and loss of the use thereof.

2 The plaintiff's evidence is that he was driving his motor cycle on the Southampton Road, which is a minor road leading on to the Holder's Hill Road. He stopped at the junction of the 2 roads, blew his horn and looked left and right. He saw nothing. He turned right on to the Holder's Hill road and proceeded uphill on his left and proper side. He saw the defendant's car some 20–25 feet away. It was approaching him downhill at a speed of 30–35 miles per hour. When he reached the vicinity of the public baths the defendant's car collided with him. He was knocked off his cycle into a fence on his left side of the road.

3 The defendant's case is that the collision did not occur in the manner or at the spot spoken of by the plaintiff. She says she was driving her car downhill on the Holder's Hill Road at 20–25 miles per hour in third gear. 20–25 feet ahead of her, she saw the plaintiff on his motor cycle emerging from the Southampton minor road to her left. He did not look in her direction but proceeded slowly “cutting corner” and going diagonally across the road from his right side to his left side. He was wobbling. She applied her brakes and swerved to her right. He changed direction and turned more to the left and they collided about the middle of the road, obliquely opposite the Southampton minor road. He fell and his cycle was damaged. Her car came to rest in the hedge to her right opposite the said minor road. The police were summoned.

4 Police Constable Cadogan was called for the defence. He said that at the scene of the accident the plaintiff told him that he was coming from the minor side road and the defendant come down and hit him. The defendant in her turn told him she saw the plaintiff coming from the side...