Hurley v Webster

• Jurisdiction: Barbados
• Judge: Husbands, J.
• Judgment Date: 08 December 1977
• Neutral Citation: BB 1977 HC 46
• Docket Number: No. 267 of 1977
• Date: 08 December 1977
• Court: High Court (Barbados)

High Court

Husbands, J.

No. 267 of 1977

Hurley

and

Webster

R.L.M. Clarke for the plaintiff.

Tort - Damages — Personal Injury

Facts: The plaintiff suffered a fracture to the hands and injury to the hip as a result of a collision with the defendant

Held: The defendant was found liable for the plaintiff's injuries — Judgment given for the plaintiff in the sum of $3,000.00.

Husbands, J.

1 This matter came before me for assessment of damages, judgment having been entered for the plaintiff in default of appearance by the defendant on 25th day of July 1977.

2 The plaintiff's claim is for damages arising out of injuries inflicted on him by the defendant on 13th of September, 1975. The plaintiff's evidence was that on that day the defendant without cause struck him about his body with a stick as a result of which his right and left hands were fractured and his hip was slightly injured. Because of the injuries received he was hospitalised for some two weeks and his right hand placed in a plaster of paris cast which was removed on 11th November, 1975. Therapeutic treatment continued until 9th February, 1976.

3 The extent of the plaintiff's injuries may be seen from the medical report of Dr. Evans dated May 31 ^st, 1976 which states:

“On examination he had a painful swollen right elbow joint and he also had pain in the left forearm. X-rays revealed a comminuted supracondylar fracture of the right humerus with medial-displacement of the distal fragment and he also had a fractured ulna on the right side. The latter was treated with a plaster of Paris cast but in fact the injury to the left arm was going to require an open operation which was done on 25th September, 1975 when the distal part of the humerus which was in fragments was kept together by a pin and this was attached to the main...