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Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

Case Number
2014 HCV 00645
Year
Neutral Citation
[2022] JMSC Civ 121
Date of Delivery

Tort – Breach of statutory duty – Whether a statutory duty of care is imposed on the highway authority – Whether the highway authority breached the statutory duty – Liability of highway authority Occupiers’ liability – Common duty of care – Degree of care – Use of the highway – Motorist injured while using the highway – Unidentified object thrown by unidentified persons from overhead bridge along the highway –Object impacted motorist – Whether the highway is considered to be premises in accordance with the statute – Whether the highway authority is an occupier – Whether motorist is a visitor – Whether motorist is a visitor of the highway authority – Liability of highway authority


Negligence – The duty of care owed by the highway authority to the lawful users of the highway – Whether the highway authority breached the duty of care – Liability of the highway authority


Res ipsa loquitur – Doctrine of – Whether the doctrine of res ipsa loquitur applies


Contract – Whether contract created between the highway authority and a user of the highway – Whether the highway authority owes a duty of care to a user of the highway by virtue of contract – Whether the highway authority is in breach of contract – Liability of highway authority


The Toll Roads Act, 2001, section 16, The Occupiers’ Liability Act, 1969, sections 2 and 3, Main Roads Act, sections 4(1) and 4(2), 5(1)(a) and 5(1)(b)

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Strategic Plan

Strategic Plan for the Jamaican Judiciary 2024-2028