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Moore, Angella v Edward Tate, etal
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO. 2000/M-012
BETWEEN ANGELLA MOORE CLAIMANT
A N D EDWARD TATE 1ST DEFENDANT
A N D DALBERT MCDONALD 2ND DEFENDANT
Ms. Suzette Wolfe and Ms. Celia Barclay instructed by Crafton S. Miller and Co.
for the claimant.
Mr. Ian Robins instructed by Tenn Russell Chin Sang Hamilton and Ramsay for the
defendant.
Heard 16th, 17th and 18th April 2008
Campbell, J.
1. On the 9th November 1997, the claimant, a cashier at a New Kingston
restaurant, was on her way from work to her home in Westchester Crescent,
Portmore. She had boarded the vehicle in Half-Way-Tree, but had fallen asleep
before the bus had reached Three Miles. Her witness statement claims that she
woke up some three days later in the Kingston Public Hospital.
2. One Charmaine Brown had given a witness statement to the effect that
whilst standing at a bus stop at the zinc factory she had observed a white Toyota
Hiace bus coming very fast, swaying from side to side, she said she heard a
screeching sound, then a sound as if a tyre had blown out. The claimant had alleged
in her witness statement that the bus was very packed. People were even hanging
out of the door.
3. The defendants had consistently denied liability, contending that the
accident in which the claimant suffered her injuries were as a result of “inevitable
accident” which arose, notwithstanding the exercise of all reasonable care by the