You are here
Elizabeth Morgan v Enid Forman and Owen Moss
IN THE SUPREME COURT OF .JUDICATURE OF
JAMAICA
CLAIM NO. HCV 042712003
'BETWEEN ELIZABEI'I-I MORGAN C 1,AIMANT
AhTD ENID FOREMAN 1 DEFENDANT
AND OWEN MOSS 2N') DEFEhTDANT
Miss Deidre Powell for the Claimant.
C
Miss Lascine Wisdom-13arnett iilstructed by Thomas and Thomas for the . J
Defendants
Heard on the 11'" and 15~'o'f October 2004
Sinclair-Haynes .J. (Ag)
The accident llappened at about 10 a.m. on the 22"" ol' July 2002 on
the Mandela Highway. 'l'lie deceased was a lad oi' sixteen years. He was
returning fro111 a wholesale i l l Dulianey Park wliel-e his motlier 11ad sent hiin
on an errand. As he rode his bicycle with about nine paclts of biscuits in a
sr~lalbl ox in fio~iot f him, a truck driven by the defendant, Mi-. Owen Moss,
struck hiiii. He was flung from the bicycle aiid s~~stainesdev ere head and
otlier injuries. L-le seemed to have liad a very liiiiited degree of
consciousiiess. I-Ie died the followiiig iiiorniiig.
The defendant was found wholly liable lor the accident. There is no
appeal froin that aspect of the decision. 111 the circumstaiices it is not
necessary to repeat tliose findings.