IN THE SUPREME COURT OF BELIZE, A.D KIRK HALL BOWEN & BOWEN LTD.

Similar documents
EDITORIAL NOTE: PERSONAL/COMMERCIAL DETAILS ONLY HAVE BEEN DELETED. IN THE DISTRICT COURT AT AUCKLAND CIV [2016] NZDC 12626

Report of a Complaint Handling Review in relation to Police Scotland

SAINT PAUL HOLMES OPINION BY v. Record No JUSTICE LAWRENCE L. KOONTZ, JR. April 16, 1999 JOHN DOE

Checklist: Deposing the Driver in an Auto Accident

FRANCESCA AMOS OPINION BY JUSTICE CYNTHIA D. KINSER v. Record No September 18, 1998

GREEN SHEET. California Department of Forestry and Fire Protection (CAL FIRE)

NATHAN HALE HIGH SCHOOL PARKING AND TRAFFIC ANALYSIS. Table of Contents

CITY OF NEW LONDON WINTER ROAD & SIDEWALK MAINTENANCE POLICY

City of Brainerd, Minnesota Snowplowing Policy

Plus. Active Physics. Calculating Momentum. What Do You Think Now? Checking Up

Name Section. University of Maryland Department of Physics

IN RE INVESTIGATION OF AN ACCIDENT WHICH OCCURRED ON THE UNION PACIFIC RAILROAD AT MENOKEN; KANS., ON JULY 24, 1930.

OXFORD HEIGHTS SUBDIVISION EMERGENCY EVACUATION PLAN

City of Rhinelander Snow and Ice Policy

Snow Plow Safety Quick Reference Guide

Annual Collision Report

FIREHOUSE MAGAZINE EMERGENCY VEHICLE OPERATIONS PERSONALLY OPERATED VEHICLES P.O.V. S KILL

CLEARING THE WAY CAUTION. brampton.ca/snow

Welcome to IB MATH SL1!

Transport. Pupil Booklet

BAD WEATHER DOESN T CAUSE ACCIDENTS

Perth County Road Fatal Head-on Collision - A Common and Dangerous Issue

Trip and Parking Generation Study of Orem Fitness Center-Abstract

HATZIC SECONDARY SCHOOL PROVINCIAL EXAMINATION ASSIGNMENT ENERGY & MOMENTUM MULTIPLE CHOICE / 30 OPEN ENDED / 79 TOTAL / 109 NAME:

The National Optical Astronomy Observatory s IYL2015 QLT Kit. Settings Video. Beach

The Pennsylvania Observer

Description: Conceptual: A bullet embeds in a stationary, frictionless block: type of collision? what is conserved? v_final?

BELL RINGER: Define Displacement. Define Velocity. Define Speed. Define Acceleration. Give an example of constant acceleration.

Snow Removal Policy WARREN COUNTY ENGINEER S OFFICE (WCEO) WARREN COUNTY HIGHWAY DEPARTMENT. October 16, 2014

2267 N o r t h 1500 W C l i n t o n U T 84015

IN RE INVESTIGATION OF AN ACCIDENT WHICH OCCURRED ON THE OREGON SHORT LINE RAILROAD NEAR MEDBURY, IDAHO, ON JANUARY 11, 1920.

The following emergency snow routes are generally cleared first:

Focused Traffic Analysis for the One Lincoln Park Project

106 PURDUE ENGINEERING EXTENSION DEPARTMENT

Client Profile: Master Electrician

Town of Oconomowoc Snow & Ice Control Policy

Town of Windsor. Department of Public Works

Physics Momentum Problems. Science and Mathematics Education Research Group

Travel and Transportation

Dunn County Snow Removal Policy

TROPICAL STORM HERMINE AND HURRICANE MATTHEW HI CERT RESPONSE

COULD THE GUNSHOT BE HEARD?

Choosing a Safe Vehicle Challenge: Analysis: Measuring Speed Challenge: Analysis: Reflection:

Songs Coming to America (Use with Theme 1.) Empty Room (Use with Theme 4.)... 50

Uncertainty in the Yellow Change Interval

The Sunland Park flyover ramp is set to close the week of March 19 until early summer

1. Major streets, Central Business District (CBD) and school bus routes. 2. Local streets 3. Downtown parking lots

A regular meeting of the Village of Victor Planning Board was held on Wednesday, July 26, 2017, at the Village Hall, 60 East Main Street.

Recognition Of Harpooning Danger Is A Very Long And Slow Learning Curve

TOWN OF GRAND FALLS WINDSOR

CITY OF BEAVER DAM SNOW & ICE REMOVAL POLICY

The Urbana Free Library Parking and Transportation Study

SODOM & GOMORRAH (GENESIS 19:1-30) MEMORY VERSE: "The Lord knows how to deliver the godly out of temptations and to reserve the unjust under

P5 Momentum Collision Calculations

Coconino County Common Snow Plow Questions/Concerns

ANNUAL KEY USE AND INDEMNIFICATION AGREEMENT

Establishing Winter Standard Operating Procedures

05724 BUTLER TWP PD /04/ :31 Sun 39:54: :11: F F T 1

CITY OF MINOT SNOW REMOVAL PLAN November 2017

The North Pole. Book 5. Tommy Tales Book 5 Word Count: Visit for thousands of books and materials.

H IG HWAY WINTER OPERATIONS SNOW REMOVAL AND ICE CONTROL POLICY. Revised January 4, 2016

Main Ideas in Class Today

Trip Generation Study: A 7-Eleven Gas Station with a Convenience Store Land Use Code: 945

Cuckoo Clock Hospital Part 1 Page 1. Cuckoo Clock Hospital 7452 Spring Village Drive Apt 218 Springfield VA

Hot Calls. Odessa FD: MVA. Burdett FD: MVAs

Risk Assessment and Management System (RAMS)

Wind. Rain PAGE 01 CHAPTER 07 WEATHER CONDITIONS AND DRIVING

COLORING PAGES. Follow Raindy the Raindrop as he travels from your house out to sea.

PART ONE. Once upon a time there was a very special baby. who grew up to be very wise. and to tell us how to be kind. His name was Jesus.

Egg Crash! Designing a Collision Safety Device

Student Outcomes. Classwork. Example 1 (6 minutes)

1) If the acceleration of an object is negative, the object must be slowing down. A) True B) False Answer: B Var: 1

Winter Weather Safety Tips. From your friends at South Brunswick Township Department of Public Works

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.

12 Rates of Change Average Rates of Change. Concepts: Average Rates of Change

Lewis and Clark and Me

GREEN SHEET. California Department of Forestry and Fire Protection (CAL FIRE)

Traffic accidents and the road network in SAS/GIS

2.4 Slope and Rate of Change

Velocity Time Graphs 12.2

Home Owners. Age Male/Female. Snow removal for his/her driveway or private property

CITY OF MINOT SNOW REMOVAL PLAN JANUARY 2015

Work Sheet. Adverse Condition Factors Module 9

City of Hermosa Beach Beach Access and Parking Study. Submitted by. 600 Wilshire Blvd., Suite 1050 Los Angeles, CA

Montmorency County Traffic Crash Data & Year Trends. Reporting Criteria

GUIDELINES FOR FILMING IN TOMBALL, TEXAS

Extending Learning Beyond the Classroom

A Study of Red Light Cameras in Kansas City, MO

PW 001 SNOW REMOVAL AND SANDING FOR ROADWAYS AND SIDEWALKS October 6, 2014 (#223-14) Original October 19, 2015; October 15, 2018 Public Works

(b) A particle with v > 0 and a < 0 is moving forward with decreasing speed. Example: a car slowing down before exiting an Eastbound freeway.

Montmorency County Traffic Crash Data & Year Trends. Reporting Criteria

Factors Affecting the Severity of Injuries Sustained in Collisions with Roadside Objects

MAY 5, Noise Barrier Presentation SE Quadrant Noyes Street and Lincoln Street NOISE BARRIER ABUTTER MEETING. Tech Environmental, Inc.

Q1. (a) The diagram shows a car being driven at 14 rn/s. The driver has forgotten to clear a thick layer of snow from the roof.

1 What is Science? Worksheets CHAPTER CHAPTER OUTLINE

The SI unit for distance and displacement is the meter (m). distance traveled. elapsed time. d d f d o average velocity or v av.

BEFORE THE CORPORATION COMMISSION OF THE STATE OF OKLAHOMA OPERATING LLC LOCATION EXCEPTION. Report of the Administrative Law Judge

Tornadoes pose a high risk because the low atmospheric pressure, combined with high wind velocity, can:

REVIEW SET MIDTERM 1

Quiz Act # s Study Guide. 1.) List 4 features of a car that can affect safety by reducing damage, injuries or deaths during car accidents.

Transcription:

IN THE SUPREME COURT OF BELIZE, A.D. 2006 CLAIM NO. 415 STACEY COLLINS CLAIMANT BETWEEN AND KIRK HALL BOWEN & BOWEN LTD. 1 st DEFENDANT 2 nd DEFENDANT Hearings 2009 28 th July 4 th September 18 th September Mr. Lionel L.R. Welch for the Claimant Mrs. Liesje Barrow Chung for the defendants LEGALL J. JUDGMENT 1. On the night of the 17 th January, 2003 it was raining on Faber s Road, Belize City. After a while the rain subsided to a constant drizzle. Residing at the said Faber s Road, at lot 27, were Joseph Collins and his family, including his daughter Stacey Collins, the claimant in this matter. Joseph Collins carried on a mechanic workshop at his residence. On the said night there was a brown Lincoln Continental 1

car, about 12 to 14 feet in length, license number C 8156, parked for repairs in the driveway in front of the gate to the residence. It was blocking the exit from the residence of another car, used by the claimant that was parked further in the yard of the residence. 2. The claimant was employed at the time at the Fire Department, Belize City and was scheduled to report for work at 11:30 p.m. that night. In the midst of the drizzle, at about 11:15 p.m., for the purpose of going to work, she stepped out of her residence located on the southern side of Faber s Road which runs east to west. She noticed that the brown Lincoln Continental car was blocking the car she intended to use to go to work. So she reversed the brown car in a northern direction, from in front of the gate of the residence onto Faber s Road. Having reversed the car, she then came out of it, further opened the gate, so that she could drive the said brown car further into the yard, which would provide enough space to drive the other car out of the yard, which she intended to use to go to work. 3. Having further opened the gate, she then re entered the brown Lincoln car to drive it further into the yard; but before she could do so, another vehicle, a Ford pick up truck, license No. C 0745 travelling along Faber s Road, collided to the left or driver s side of the brown Lincoln car, between the driver s door and the back door. The truck was, as a result of the collision, wedged into the left side of the brown Lincoln car. The claimant testified that the lights of the brown car were on, and that the car was not in the middle of the road; and therefore other vehicles could have passed behind it. 2

4. The claimant, who was in the brown car at the time of the collision, suffered physical injuries. According to her evidence her back was fractured, and she suffered numbness in her hands and feet and also suffered chest pains. The claimant was taken to the Karl Heusner Memorial Hospital where she was examined by Dr. John Waight. The claimant did not call Dr. John Waight or any other doctor to describe her injuries. But the defendant, in accordance with an order of court dated 3 rd May, 2007 to disclose documents, disclosed a letter dated 31 st January, 2003 from Dr. John Waight concerning the defendant s injuries. The letter stated as follows: Ms. Collins has as the result of the accident sustained: 1. A strain of the ligaments of the cervical spine, the pain resulting from which is diminishing in severity and which can be expected to resolve entirely with the passage of time. 2. Closed injuries without fractures to the upper right and lower left chest wall. The resulting pain can be expected to resolve entirely with the passage of time. It is my view that Ms. Collin s injuries are severe enough to prevent her from engaging in her physically demanding 3

occupation as a fire fighter for a period of four weeks from the date of the accident. 5. More than three years after the accident, the claimant brought a claim on the 14 th of August, 2006 against the defendants for negligence, claiming general and special damages. 6. The first defendant, who was employed by the 2 nd defendant, admitted that on 17 th January, 2003 he was driving a Ford pick up truck, owned by the 2 nd defendant, along Faber s Road, at about 11:00 p.m. when it collided to the brown Lincoln Continental car. He stated that the rain was falling, the place was dark, and he was travelling at about 25 miles an hour, on the right side of Faber s Road, going in the direction of the Western Highway. 7. He said that while driving, he noticed something in the middle of the road, but could not, at that time, say whether the something was moving or stationary. He said he was about 25 feet away and he applied brakes. He said that as he got closer, he realized that the something was a dark brown vehicle parked in the middle of the road, without any lights on. The 1st defendant said he could not avoid hitting the brown car, because of the central position of the car on the road; and that there was not enough space on the road for him to go around the brown car, and though the applied brakes 25 feet away from the brown car, because of the wet surface of the road, he still collided to the car. It was also a part of his evidence that when he was 4

about twelve feet away he realized the something was a vehicle. In his witness statement he said that as soon as he saw the car he applied brakes. 8. The main question in this case is whether the accident was caused by the negligence of the first defendant? The claimant reversed a 12 to 14 feet long Lincoln brown car, onto the highway on a dark rainy night, about 11:00 p.m. The back of the Lincoln car was stationary, to a certain distance, across the highway, while the front of the car was facing the claimant s residence. The defendant contended that the Lincoln was almost across the whole highway thereby preventing him from swerving from it and passing at the back of it. The claimant, at a visit to the locus in quo by the court, pointed to a spot near to the middle of Faber s Road, where the back of her car was. Moreover, this is how the claimant in her witness statement described the position of the car on Faber s Road After the car was reversed the whole of it was on the right side of Faber s Road, Belize City in the direction of Central American Boulevard but it was at an angle with the front of the car pointing to the driveway. 9. The claimant, in her oral evidence, said that the brown car took up the left hand side of the road. The left hand side of the road was about 5

8 feet to 10 feet wide. She also testified that the front of the vehicle was facing my house and the rear of the vehicle was on Faber s Road. The claimant called a witness, Kathlene Collins, who testified that the claimant reversed the brown car on the street. She did not park it away from traffic or out of the road. This witness also testified that her daughter, the claimant, reversed the car a little on the street and that the Lincoln car had on lights and did not take up much of the road so that another car could have passed at the back of the brown car. And the witness Joseph Collins testified that the brown car was not across the whole of Faber s Road. 10. I believe the claimant reversed the car, without any lights on, to some distance across Faber s Road, on a dark rainy night. The Lincoln car suffered damage to the driver s side between the driver s door and the passenger seats. The damage was around the middle of the car on the driver s side. The car must have been some distance across Faber s Road to have suffered the damage to the middle of the car on the driver s side. 11. In my view, it was grossly negligent to reverse a car by the back at night to a distance across the highway, and then park the car in that position on the highway. The claimant could have easily requested other occupants of the home, who according to the evidence, were home at the time, to check to see if the road was clear before reversing the car; and having reversed the car, she could have then parked the car on the side of the road, rather than parking the car some distance across the road. When asked in cross examination by learned counsel 6

for the defendant why she did not park the vehicle at the side of the road, this is what the claimant said: I did not park the brown vehicle at the side of Faber s Road, because I found it was easier to park it where I parked it.. I did not think of other persons using the road at that time and I did what I think was appropriate for me at that time. 12. It might have been easier to park the car where it was parked; but was it safe to do so? It was clearly not, as the events have clearly shown. The claimant should have reasonably foreseen that if she parked the car in the position she did, it may cause harm to herself, as well as to other persons using the road. The claimant had a duty of care to other users of the road; and in my view, the facts of the case clearly show that she breached that duty of care. To reverse, unsupervised, a large car on a dark rainy night, with no car lights on, and park it some distance across the public road, and then to leave it there, even though momentarily, amount, in my view, to gross negligence, perhaps bordering on recklessness. 13. I do not believe that there was enough space for another vehicle to pass at the back of the brown car. But assuming that there was enough space, it was still, in my view, grossly negligent to reverse the car, unsupervised, some distance across the road on a dark rainy night 7

with no lights on. If the claimant had done the reasonable thing by having members of her family properly supervise the reversing and assisting with the gate, I have no doubt the accident would not have occurred. In my view, the claimant was the sole cause of the accident. Counterclaim 14. The second defendant filed a counterclaim against the claimant for negligence and claimed the amount of $3,005.00 as the cost for repairing the said Ford pick up truck license C 0745 that was involved in the accident. The defendant tendered as exhibits receipts showing that the amount of $3,005.00 was the cost of repairing the Ford vehicle. 15. I have given above the reasons for my decision that the claimant was the sole cause of the accident. I find that the damage to the Ford pickup truck was as a result of the accident. I therefore give judgment for the defendant against the claimant on the counterclaim. I make the following orders: 1. The claim filed by the claimant against the defendants is dismissed. 2. Judgment for the 2 nd defendant against the claimant in the sum of $3,005.00. 8

3. Claimant to pay to the 2nd defendant interest on the said sum of $3,005.00 at the rate 6% per annum from 17 th January, 2003 until the sum is fully paid. 4. Claimant to pay costs to the 2 nd defendant in the sum of $1,000.00. Oswell Legall JUDGE OF THE SUPREME COURT 18 th September, 2009 9