IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. S. 123 of 2000

BETWEEN PERCIVAL SWABY PLAINTIFF

A ND METROPOLITAN PARKS lST DEFENDANT

C1 AND MARKETS

AND ENOCH LAING 2* DEFENDANT

AND CARL WAISON 3rd DEFENDANT

Mr. Manley Nicholson for Claimant

Mr. Garth McBean instructed by Knight, Pickersgill and Dowding for 1" and

2nd Defendant.

HEARD: 3rd & 4th February, 4" & 5th March 2004

SINCLAIR-HAYNES, J. (Ag.)

The facts of this case are pathetic. What began as a jollification ended

quite lugubriously with Mr. Swaby losing both his legs. Percival Swaby,

Clifton Campbell o/c Lenky, Carl Waison and Michael Simpson were

crewmembers of anMPM truck. The truck was a flat bed, on which MPM