Glafton Whyte Lasford Powell v Powell - Negligence - Motor Vehicle Accident - Assessment of Damages

Aug 28, 2026

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A Jamaican civil claim addresses liability arising from a motor vehicle collision on the Old Harbour Main Road in St. Catherine. The claimant, Glafton Whyte Lasford Powell, alleges the defendant’s Nissan Sunny was negligently driven and managed, leading to a head injury and associated pain, headaches, dizziness, and subsequent difficulty walking and playing sport. The proceedings consider particulars of negligence, the claimant’s account of the roadway and collision circumstances, and the medical evidence used to assess damages.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages12

Reading Time30 min

AccessFree to download

Introduction

Particulars of Negligence

The Claimant’s Case

Roadway and Collision Narrative

Injuries and Medical Treatment

Cross-Examination

[2018] JMSC Civ 43 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA IN THE CIVIL DIVISION CLAIM NO. 2013HCV02851 BETWEEN AND IN COURT GLAFTON WHYTE LASFORD POWELL CLAIMANT DEFENDANT Steven Jackson instructed by Bignall Law for the Claimant Lord Anthony Gifford Q.C. & Justina Wilson instructed by Gifford, Thompson & Shields for the Defendant. Heard: 9th January, 2018 & 19th January, 2018 Brown J. Y. Ag. Negligence – Motor vehicle accident – who is liable – Personal Injury – head Injury – Assessment of Damages. Introduction [1] In the early afternoon of April 8, 2010, the claimant Mr. Glafton White, then about a month shy of his 50th birthday, was driving a motor truck registered CF6518 along the Old Harbour Main Road in the parish of St. Catherine. He was heading in the direction of that parish’s capital, when the defendant’s Nissan Sunny motorcar collided with the motor truck. This collision resulted in the Claimant suffering injury, loss and damage and incurred expenses. It inspired him to file a claim for damages for negligence on April 7, 2016. [2] In this claim, the claimant averred that the defendant whether by himself, his servant and/or agent negligently drove, managed or controlled the 1991 Nissan Sunny motor car registered 1976 FC, that it collided with the motor truck, causing the claimant to sustain injuries. Particulars of Negligence [3] The claimant went on to particularise the negligence of the defendant in the following terms: - Drive at an excessive and/or improper speed; - Failed to keep any or any proper look out; - Drive without any or any sufficient consideration for others users of the road, - Failed to maintain sufficient control over the said motor vehicle - Failed to apply brakes within sufficient time or at all so as to prevent the collision from occurring; - Failing to stop, slow down, swerve, turn aside or otherwise operate the said motor vehicle so as to avoid the said collision; - Failed to deep the 1991 Nissan Sunnay motor car on a safe path along the roadway, being that the said motor car along Old Harbour main road in the parish of St. Catherine drove in a careless manner, made a turn when it was manifestly unsafe todo so and collided into the right side of the motor truck lettered and numbered CF6518, aboard which the claimant was the driver at all material times, that was travelling in the opposite direction when the collision occurred, causing the claimant to suffer injury, loss and damage and incur expense; - The Claimant is relying on the doctrine of Res Ipsa Loquitor. The Claimant’s Case [4] The claimant’s witness statement was allowed to stand as his evidence in chief. I will now proceed to highlight the salient features of his evidence. He stated that on the fateful day of April 8, 2010 between 1 pm – 2 pm, he was the restraint driver of the motor truck registered CF6518, travelling from the sugarcane factory in Moneymusk in the parish of Clarendon, and heading towards Bernard Lodge , Spanish Town, in the parish of St. Catherine. To arrive at his destination, the claimant travelled along the Old Harbour Main Road, in St. Catherine. This roadway, the claimant described as wide enough to allow two large trucks travelling in either direction to pass comfortably. On that day, he stated, the roadway was smooth and traffic was flowing smoothly. [5] He explained that there is a 45 degree left angle bend in the road in the vicinity of Wellside Lane, a minor road to the left of the Old Harbour Main Road. Upon reaching a section of the said roadway in the vicinity of the Crest Hotel, the claimant said he saw a motor car approaching from the opposite direction at a great speed. He indicated that this motor car completed the bend in the vicinity of Wellside Lane and then encroached on the Claimant’s lane of travel, thereby colliding with the truck. [6] The claimant testified that he had no time to take any evasive action as everything oc

FAQs

What event led to the claim in this case?

The claimant alleges a Nissan Sunny motorcar collided with his motor truck on the Old Harbour Main Road in St. Catherine on April 8, 2010.

What injuries does the claimant claim to have suffered?

The claimant reports head injury diagnosed as haematoma, followed by constant pain and headaches, later intermittent headaches and dizziness, and difficulty walking briskly and playing football.

What kinds of negligence are alleged against the defendant?

The claimant alleges excessive or improper speed, failure to keep a proper lookout and control, inadequate braking, failure to avoid the collision, and driving the vehicle in a careless manner in an unsafe turn.

Aug 28, 2026

Upload by Miles