Howell v Haynes; Hoyte v Haynes

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Williams, J.
• Judgment Date: 05 February 1973
• Neutral Citation: BB 1973 HC 4
• Docket Number: No. 281 of 1971
• Date: 05 February 1973

High Court

Williams, J.

No. 281 of 1971

Howell

and

Haynes

Hoyte

and

Haynes

Appearances:

Mr. H.B. St. John, Q.C. and Miss Miller for the plaintiff Evelyn Howell, Velda Waithe and Vivian Cummins by Cottle, Catford & Co.

Mr. H. DeB. Forde for the plaintiff Linda Hoyte by Cottle, Catford & Co.

Damages - Fatal Accidents

Damages - Personal Injury

Negligence - Traffic Accident — Liability.

Facts: The plaintiffs brought an action in respect of an accident in which their sons were killed — The plaintiffs gave evidence that their sons lived at their residence and made significant contributions to family expenses

Facts: The plaintiff suffered severe injury in a traffic accident in which she almost lost her life — The plaintiff was deeply unconscious after the accident — The plaintiff's right upper limb was completely useless and she suffered many disfigurements

Facts: The issue was whether the defendant was liable for causing a traffic accident.

Held: Judgment for the plaintiffs entered in the sums of $9,360.00 and $12,792.00

Held: Judgment for the plaintiff assessed at $56,520.00.

Held: That the defendant was negligent on the evidence - That the defendant drove at an excessive speed causing him to lose control of the vehicle and resulting in a collision with the utility pole - The defendant was driving the car at the time of the accident - The plaintiff was a passenger in the vehicle - The other two plaintiffs were the mothers of the other two passengers who had died.

Williams, J.

1 On July 12, 1970 in early hours of the morning, around 3 to be more exact, the defendant was driving his car, M. 3675 an old Chevrolet Convertible, along Pine and Welches Road, St Michael. He had as passengers, Dave Howell, Michael Cummins and the plaintiff Linda Hoyte, Michael

2 Cummins and the plaintiff Linda Hoyte, Michael's girl friend. The car collided with a utility pole on the right side of the road when it was going towards Government Hill. Dave Howell and Michael Cummins were both killed, while Linda Hoyte suffered severer injuries and almost died.

3 The defendant entered appearances in these two actions brought against him but he never took further steps in the proceedings in spite of being given due notice, through his solicitor on record, of the plaintiff's intention to apply for the matters to be set down for hearing in default of delivery of a defence. Application was duly made and the matter set down.

4 I am satisfied on the evidence that the defendant was negligent in that he drove the car at an excessive speed. The inference, which I draw from the circumstances of the case as disclosed in the evidence is that the defendant lost control of the car and that it ran off the road and collided with a pole. It was the defendant's negligence, which caused the deaths of the two young men and the severe injuries to the plaintiff Linda Hoyte.

5 The plaintiffs in suit 281/1971 are: -

• (1) Evelyn Howell, Dave Howell's mother;

• (2) Sherry Ann Waithe, Howell's child born out of wedlock, suing by her mother Velda Waithe;

• (3) Vivian Cummins, Michael Cummins' mother;

• (4) Jennifer Cummins, Michael Cummins' younger sister, suing by her mother Vivian Cummins.

6 The plaintiff in suit 416/1971 in Linda Hoyte.

7 Evelyn Howell, who was born in 1915, testified that at the time of his death, her son was 27 years old and worked with the Barbados Bottling Co.; that he lived at her home in School Road, Carrington Village, St. Michael; that she used to do the cooking and washing and he used to give her $25.00 a week to maintain the two of them; that, apart from that, he would pay the telephone, light and water bills; that she has since the death had the telephone removed; that at Christmas time he would give her half of his bonus; and that he was her sole support.

8 Velda Waithe testified that she was the mother of Sherry Ann Waithe, the daughter of Dave Howell, now 4 years old, and that he used to visit the child regularly and give her $10.00 weekly towards the support of Sherry Ann.

9 Vivian Cummins testified that, at the time of his death, her son Michael Cummins used to live at her home at Villa Road, Britton Hill and used to work at the Barbados Bottling Co.; She used to cook his meals and launder his clothes and he would give her $25.00 a week for the house and $15.00 a week for herself – with a little extra if she was short of money. She further testified that Michael Cummins used to assist in the support of his younger sister, Jennifer, 16 years old, after their father went blind; he would pay her school fees and for her books and uniforms. This, she testified, is being seen after since Michael's death by a cousin in America.

10 The Assistant Accountant at the Barbados Bottling Co., Mr. Corlett Bynoe gave evidence as to the earnings of these two men. Subject to what will be said later, his evidence substantiated; the evidence of the mothers of the two deceased men as to the quantum of contributions made by the men towards their support. It showed by and large, that the earnings of the men were such as to enable them to give the kind of support which it is said they gave. Dave Howell's average net wage as a fork-lift driver was, according to Mr. Bynoe $44.48 monthly, with any overtime pay being extra, while the present net monthly wage of a forklift driver is in the region of $57-58. Michael Cummins was a salesman and had a basic weekly wage of $10.00 with commission on sales being extra. His average weekly wage during the 27 weeks prior to his death was $84.50 and with the increased rates now applicable it would now be in the region of $100 a week. The wages of a salesman could rise to as much as $150.00 per week in the Christmas Season.

11 Turning to Linda Hoyte, she was 23 years old at the time of the accident and was working as a maid at the Marine Hotel with wages of $34.00 a week. She had an outgoing personality and made friends easily. She was fond of dancing. Since the accident she has not worked. She says that she has not been able to. Her father, Frederick Hunte, says that she can't work now and that her mother takes care of her. She says that she has not tried dancing since the accident; she does not worry with friends anymore and when she goes out, it is to church. Her father put it in a more [Checkcharactorily] Bajan fashion – she is a sister now.

12 Mr. Frank Ward, Surgeon Specialist, and Dr. Michael Clarke both gave evidence about Linda's injuries and in my view both are to be congratulated on the remarkable results, which have been achieved. When she was admitted to Casualty she was deeply unconscious and almost exsanguinated. Her right forearm was broken and dangling with both bones broken. She had a closed fracture of the right femur. There was a large laceration on her right forehead. She required intravenous fluids and a blood transfusion. She received this and other necessary medical treatment. Next morning she became suddenly quite deeply unconscious with a rapid pulse and a rising temperature. A subdural haematoma was suspected but exploratory treatment did not reveal any haemorrhaged subdural or extradural. A considerable quantity of blood was removed from the right pleural cavity and a tracheotomy was performed because of her...