The Hon. Mr. Justice Lennox Campbell

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2000/M-012

BETWEEN ANGELLA MOORE CLAIMANT

A N D EDWARD TATE 1ST DEFENDANT

A N D DALBERT MCDONALD 2ND DEFENDANT

Ms. Suzette Wolfe and Ms. Celia Barclay instructed by Crafton S. Miller and Co.

for the claimant.

Mr. Ian Robins instructed by Tenn Russell Chin Sang Hamilton and Ramsay for the

defendant.

Heard 16th, 17th and 18th April 2008

Campbell, J.

1. On the 9th November 1997, the claimant, a cashier at a New Kingston

Constitutionality of legislation – Whether section 20 of the Independent Commission of Investigations (INDECOM) Act is unconstitutional – Effect of section 20 conferring on the Commissioner and investigative staff of INDECOM, in the exercise of their duty, like powers, authorities and privileges as are given by law to a constable – Whether INDECOM’s officers have the powers of arrest and charge – Whether INDECOM’s officers having such powers would undermine the Office of the Director of Public Prosecutions

Negligence - Employers' Liability

Conductress on Bus Supplied with Seatbelt

Injurecl in fall on Moving Vehicle - Seatbelt not Utilized

Wethet Employer has a duty to ensure that Seatbelt used

Whether Employer provided a Safe System of Work

Application for summary judgment - Road Traffic Act - Owner - Registered owner - Presumed owner - Vicarious liability.

Specific Disclosure

Documents Listed, Part of Correspondence, without Prejudice

Document Disclosed and Viewed, Objection Raised to Taking Copies

Public Policy Considerations - Agreement of Parties