Alfred, Hinds v Eric Smith, etal

IN THE SUPREME COURT OF JLJDICATLJRE OF JAMAICA 
IN COMMON LAW
SUIT NO. C.L.H. 002 OF 1988 I
BETWEEN ALFRED HINDS PLAINTIFF
AND ERIC SMITH
t/as CASH RENT-A-CAR FIRST DEFENDANT
AND DERRICK LATTY SECOND DEFENDANT
AND ERIC SMITH
t/as CASH RENT-A-CAR 1 ST THlRD PARTY
AND KEY INSURANCE CO. LTD. 2ND THIRD PARTY I
Ainsworth Campbell for Plaintiff
Alton Morgan and Robin Sykes for first defendant and first and third party
Dennis Goffe, Q.C., Paul Dennis and Mrs. Minette Palmer for second defendant
Alton Morgan for second and third party
Heard: July 12, 13, 14, 15, 16, November 9, 10, 11, 12, 1993 &
December 12, 1996.
CHESTER ORR. J.
In this action the plaintiff seeks damages for negligence as a result of an accident
involving a motor cycle ridden by the plaintiff and a car driven by the second defendant,
which occurred on the 15th November, 1987
The plaintiff claimed against the first defendant as the owner of the car driven by
the second defendant, and alleged that the first defendant negligently failed to have a
policy of insurance issued to protect the plaintiff in respect of injury caused by the
negligent driving of the second defendant. In addition, it was alleged that the first
defendant delivered a motor car with defective tyres to be driven on the road.
The second defendant claimed indemnity from the third parties.
PLAINTIFF'S CASE
At about 12.45 p.m. the plaintiff, a farmer and vendor of ice cream and other
commodities was riding his motor cycle on the main road leading from Free Town to
Lionel Town in Clarendon in the direction of Lionel Town. At a point in his journey he
went across the road to his right to effect a sale. While there a van came from behind him
and went across to the middle of the road. The driver spoke with him and then left