Curvey Campbell v Ferdinand Flash, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO CL C 471 OF 1997

BETWEEN CURVEY CAMPBELL CLkmtANT

AND FERDINAND FLASH FIRST DEFENDANT

AND WINSTON YOUNG SECOND DEFENDANT

Mr. Burchell Brown for the claimant

Mr. Lawton Heywood for the first defendant

July 6 and 12,2004

NEGLIGENCE (MOTOR VEHICLE ACCIDENT)

Vicarious liability

(a) The submission

A fahly important point of vicaiious liability has arisen in this case. If the

number of reported cases is anything to go by, it does not arise too frequently.

Mr. Heywood has submitted that Curvey Campbell - the claimant - has not

established that Winston Young, the second defendant, was the servant or agent

of Ferdinand Flash, the rust defendmt. Counsel admits that Flash was the owner

of the cat at the material time but submits that thete is a denial, in the pleadings of

Flash, that Young was his seivant or agent. This denial, without more, accotding

to Mr. Heywood means that the claimant must how adduce positive evidehce to

prove the agency or service. The issue cm be stated in ihs way: where a inotof