Cregton Pollock & Maureen Pollock v Bee Homes Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L P 102 OF 2002

BETWEEN CREGTON POLLOCK FIRST CLAIMANT

AND MAUREEN POLLOCK SECOND CLAIMANT

AND BEE HOMES LIMITED DEFENDANT

Miss Carol Davis for both claimants

C. Mr. Lawrence Haynes instructed by Clough, Long and Company for the

defendant

September 29,30, October 15, November 19 and 26, December 17

and December 24,2004

Sykes J (Ag)

NEGLIGENCE: FLOOD DAMAGE AND BREACH OF BUILDING

CONTRACT

1. Appendix one is at the end of this judgment. It is a map, not drawn to

scale, of the relevant area. It is the scene of this action in tort and

contract. It assists in understanding the issues.

2. Mr. and Mrs. Pollock, the claimants, have had a nightmarish existence

in their home at lot 59 South Sea Park, Whitehouse, Westmoreland. What

sho~~hlda ve been a house by the sea, with all the imagery involved in

that, became a house inundated by mud, muck and flood waters from a