LIVE STREAM: Phillip Paulwell V Attorney General of Jamaica


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Hare, Novelette v Heslop, Garfield and Jamaica Urban Transit Company Limited

Case Number: 
2014 HCV 02592
Neutral Citation: 
[2023] JMSC Civ. 126
Date of Delivery: 
07.07.2023

Negligence – Motor vehicle accident while claimant being trained to drive employer’s bus – Employer’s Liability – Duty of care owed by an employer to an employee – Whether employer provided employee with a safe system of work – Whether employer should have trained an employee who had no driver’s licence and no prior experience in driving – Whether employer provided employee with adequate training – Whether driving instructor did all that he reasonably could do to assist the claimant to avoid the accident – Defence of contributory negligence and volenti non fit injuria – Whether claimant heeded driving instructor’s instructions and whether claimant was contributorily negligent – Whether claimant voluntarily accepting risk of accident.

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