Joslyn Rickman v Thorpe's Transport Ltd

IN THE SUPREME COURT OF JUDICATURE OF

IN COMMON LAW

CL R 138 OF 1998

BETWEEN

AND

JOSLYN RICKMAN

(also called Isaiah

Ric kman)

CLAIMANT

THORPE'S

TRANSPORT LTD. DEFENDANT

Mr. Forsythe instructed by Forsythe and Forsythe for the claimant

Mr. Adolph Edwards for the defendant

July 6 and 13 2004

Skykes J (Ag)

NEGLIGENCE (MOTOR VEHICLE ACCIDENT)

The claimant, Mr. Joslyn Rtckman also known as Isaiah Rrckman, was hit on

October 3, 1997, by a bus driven by Mr. Joel Ragbeer, who was employed by the

defendant. This accident took place along the Hagley Park Road just above the

light controlled intersection with Waltham Park Road as one travels from Three

Mdes to Half Way Tree. The claimant's case rests upon the principle of vicarious

liabhty. To succeed, he must establish that Mr. Ragbeer, at the time of the

accident, was acting within the scope of h s employment and also that he drove

the bus negligently. It is agreed that Mr. Ragbeer was wihn the scope of his