JUDGMENT
[1] By writ of summons filed on April 24 1996 and accorded suit No. 684 of 1996 Cameron Bascom, Plaintiff filed suit against Lionel Skinner, Defendant. The Plaintiff’s claim alleges the Defendant’s negligence on the 8th October, 1995 whilst driving motor vehicle X7019 resulting in his (Plaintiff’s) personal injury, loss and damage. An acknowledgement of Service of Writ of Summons was received by the Registration Office on May 20, 1996, in which the Defendant indicated that he did not intend to contest the proceedings. Consequently, an interlocutory judgment was entered against the Defendant on the 18th February 1998 for damages to be assessed. This matter has not been set down for the hearing of and assessment of damages for personal injury, loss and damage.
[2] The Plaintiff was represented by counsel. The Defendant appeared in person and indicated his intention to proceed after his counsel on record successfully sought leave to withdraw.
[3] The Plaintiff’s claim for damages is as follows:
General Damages
[4] The Plaintiff sustained injury as a result of this accident. The Medical Report of Mr. Kwasi Ametewee, Consultant Surgeon, Orthopaedist, dated May 1, 1996 was admitted in evidence. He examined Mr. Bascom one day after the accident and saw him five (5) times thereafter between November 1995 and April 1996. The Plaintiff’s complaints on examination were of pain in his neck, elbow and knees. Pain levels as reported by Mr. Ametewee appeared generally mild except for the knee pain. Neck and elbow settled within two to three months, the knee pain persisted, but Mr. Ametewee in April 1996 reported only mild pain which responded well to medication.
[5] Mr. Ametewee in summary concluded that the Plaintiff by April 1996 “had recovered from the primary effects of the injuries described”. He appeared fully recovered from the soft tissue injuries to the neck and both elbows. He found an X-rays, evidence of degenerative disease of the knees and concluded that the Plaintiff suffered some aggravation of this existing condition. It is noteworthy that by April 1996, Mr. Ametewee found that “apart from minor arthritic pain in the knees, he was relatively symptom free” and opined in essence that any future symptoms are “more likely to be from the passage of years on the diseased joints than from the accident injuries”.
[6] The Plaintiff in his evidence spoke of his knees still giving him trouble today. By and large he confirmed the details of Mr. Ametewee’s report with the exception of claims of an ankle injury and chest pain, which like the neck and elbow injuries, settled within a relatively short period.
[7] He stated that his injuries kept him away from work for a term (3 months) but no claim was made for loss of earnings.
[8] Counsel for the Plaintiff submitted two cases in support of his claim for general damages; namely, Pearce v. Humpit Removals Ltd (1999) K & K E2-119, where a plaintiff, awarded £3,500, sustained a whiplash type injury to the neck and back and bruising to the knee and ankle; and Mirtha v. Seriwala (2000) K & K – K2-072, where a Plaintiff, awarded £2,500, sustained a minor whiplash injury to the neck and bruising and stiffness to the knees. The Plaintiff herein claims £3,000 to £3,500. In Cecil Ward v. Jefferson Couch Suit No. 927 of 1990 in the High Court of Barbados, general damages of BDS$6,000 were awarded to a plaintiff who lost consciousness for a short period, suffered a 1 cm laceration to his lower leg, injury to a tooth, and a painful soft tissue injury to his neck, which required him to wear a cervical collar for two months. The Defendant on his Counterclaim had his general damages assessed at $5,000, having experienced muscular pain to the chest and muscular injuries to his neck and shoulder which required physiotherapy over an approximate two month period.
[9] Having taken all the above matters and authorities into account, I assess general damages herein at $8,500.
Special Damages
[10] The Plaintiff provided proof of loss as follows:
1. Valuation of X7019 by Quality Motors $ 100.00
2. Survey Report of damage and repairs to motor vehicle 100.00
3. Loss of X7019 (valuation of $4000 less proceeds of sale of $445.00) 3,555.00
4. Medical Report and visits – Dr. Ametewee 895.00 TOTAL $4.650.00
[11] The Plaintiff’s claim for Loss of Use has been declined. While it has been accepted as a principle of law that the Plaintiff is entitled to damages for the loss of use of his vehicle, this claim must be specifically proven. In evidence the Plaintiff stated that he would hire a car to get to Mr. Ametewee but presented no evidence of the cost of hire or period of hire and in my opinion, merely to claim that he estimated the cost of hire at $10,400 was insufficient. Cases as cited by counsel under this head of claim established that the measure of loss was the inconvenience suffered and not merely what it would have cost him had he hired a car. The case of Carl Harmon v. Ralph Elliott et al No. 441 of 1998, a decision of Mr. Justice Blackman is a reiteration of the principle found in Donnelly v. Joyce (1973) 3 AER 475, namely that a plaintiff is entitled to recover the reasonable value of housekeeping, nursing and other domestic services rendered to him and was of no assistance under this head of claim.
Conclusion
[12] The Plaintiff will therefore have judgment for $8,500.00 General Damages and $4,650.00 Special Damages. Interest on Special Damages will be at the rate of 4 percent from the 24th April, 1996 until today’s date, and thereafter at the rate of 8 percent until payment. General Damages will be at the rate of 8 percent from today’s date until payment.
[13] Costs to be taxed or agreed.
Margaret Reifer
Judge of the High Court (Ag.).
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