Inniss v Mayers; Taylor v Inniss

• Jurisdiction: Barbados
• Judge: Husbands, P.J.
• Judgment Date: 02 December 1981
• Neutral Citation: BB 1981 HC 59
• Docket Number: No. 134 of 1980
• Date: 02 December 1981
• Court: High Court (Barbados)

High Court

Husbands, J.

No. 134 of 1980

Inniss

and

Mayers

Taylor

and

Inniss

Appearances:

Mr. H.S.L. Moseley for Mr. Inniss.

Mr. P.K.H. Cheltenham for Mr. Mayers.

Mr. C.A. Phillips, Q.C, and Mrs. M. Boyce for Mr. Taylor.

Damages - Negligence — Road traffic accident.

Husbands, P.J.

1 By consent of parties the two actions were ordered to be consolidated.

2 About 1.50 p.m. on 26th January, 1981 Fitzgerald Taylor parked his car J. 681 on the Coach Hill Road on his off side facing the direction of Bridgetown and at the entrance to Daniels Supermarket. Most of the car was on the supermarket's pavement. He got out and as he was entering the supermarket he saw Calvin Inniss' car followed by David Mayers' car approaching his car from the opposite direction. Mayers' car ran in to the back of Inniss' car which struck his car and damaged it. He claims against Inniss for the damage done.

3 Inniss says he was driving his car J. 449 from Cliff Cottage towards Coach Hill. When he was some 45 yards from Daniels Supermarket he stopped to set down a passenger. He then looked into his rear view mirror, saw nothing behind him, put on his right traffic indicators and moved off. When he was about a car's length distance from Taylor's car parked in front of the supermarket he felt an impact at the back of his car which was pushed on to Taylor's car. He got out and discovered that it was Mayers' car that had struck his. His car was damaged and he claims against Mayers for the damage done. A police officer was called as a witness by Inniss and gave evidence of the relative positions of the 3 cars at the scene of the accident and of the various measurements taken. The officer said Taylor was not present when he spoke with Inniss and Mayers. In Inniss' presence Mayers told him that he came down the hill saw Inniss' car moving from a stationary position; he, Mayers, pulled off, the...