Worrell v Gibson

• Jurisdiction: Barbados
• Judge: Husbands, J.
• Judgment Date: 29 April 1982
• Neutral Citation: BB 1982 HC 28
• Docket Number: No. 378 of 1981
• Date: 29 April 1982
• Court: High Court (Barbados)

High Court

Husbands, J.

No. 378 of 1981

Worrell

and

Gibson

Mr. M.O. Pierce for the plaintiff.

Mr. J. Toppin for the defendant.

Damages - Negligence — Claim for loss of use and depreciation of vehicle damaged during traffic accident.

Tort - Damages — Loss of use of vehicle

Husbands, J.

1 On the 6th December, 1979 the plaintiff's car was damaged in a collision with the defendant's car. The defendant accepts responsibility. The plaintiff claims as damages $2 076.48 for loss of use of the vehicle between 6th December, 1979 and 24th January, 1980, and depreciation of $3 000. The defendant disputes these claims.

2 Following the accident in December 1979 the plaintiff's car was repaired and put back into service. In March 1980 the car was involved in another accident. The insurance company considered the car then a total loss and as compensation paid the plaintiff $7 500.

3 The plaintiff's claim for $3 000 depreciation is said to arise in this way. In August 1979 the car was purchased for $9 500; it was refurbished and insured for $10 000. About one week before the December 1979 accident one Mr. Hazel offered to buy the car for $10 500. Following the March 1980 collision the insurance company paid the plaintiff $7 500 as the value of the car. Counsel argues that the difference between Hazel's offer of $10 500 or alternatively of the purchase price $9 500 and the insurance company's...