You are here
Treasure, Jotham v Thomas Bonnick, etal
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN CIVIL DIVISION
CLAIM NO. CL. 200 1 / T 026
BETWEEN JOTHAM TREASURE CLAIMANT
AND THOMAS BONNICK FIRST DEFENDANT
AND TYRONE EDWARDS SECOND DEFENDANT
AND DONOVAN GRIFFITHS THIRD DEFENDANT
AND ANDREW CHAMBERS FOURTH DEFENDANT
Mr. Christopher Samuda instructed by Samuda and Johnson for the Claimant
Mr. Charles Campbell for the Third Defendant
The First Defendant was never served
Second and fourth defendants not appearing or being represented
Practice and Procedure - Whether the owner of a vehicle is able to defend claim
when default jud~mentp reviously entered against driver - Whether owner entitled
to participate in assessment of damages if defence struck out
Assessment of Damapes - Personal Injury - Fracture of right clavicle - Deformity
result in^ - Pain enduring several years later - Quantum to be awarded
March 10,ll and 28,2008
BROOKS, J.
Sergeant Donovan Griffiths found himself in a very unusual situation
when this matter came on for trial. He was prepared to place his defence
before the court but was stymied by the fact that a judgment in default of
appearance had already been entered against the driver of his vehicle which
was involved in the collision which caused injury to Mr. Jotham Treasure.
The question which faced the court was, did Sgt. Griffiths, who was not an
eye-witness to the collision, and did not intend to call such a witness, have a
real prospect of success in defending the claim.