Randell Ramdhan v S.M. Jaleel & Company Ltd and Presidential Insurance Company Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Seepersad, J.
• Judgment Date: 26 July 2017
• Neutral Citation: TT 2017 HC 367
• Docket Number: CV 2016-02783
• Court: High Court (Trinidad and Tobago)
• Date: 26 July 2017

High Court

Seepersad, J.

CV 2016-02783

Randell Ramdhan

and

S.M. Jaleel & Company Limited and Presidential Insurance Company Limited

Appearances:

Mr. Edwin K. Roopnarine for the claimant.

Mr. Lennox Sanguinette instructed by Ms. Renatta Elicia Ramjattan for the defendants.

Negligence - Motor vehicle accident — Personal injury — Liability — Apportionment of liability.

BACKGROUND

Seepersad, J.

1 The claimant's claim was instituted in relation to an accident in which he was injured. The accident occurred on the Valencia Stretch on December 21, 2013 when the vehicle in which the claimant was an occupant attempted to overtake an unknown vehicle and the claimant's vehicle then crashed into a parked vehicle (registration number TAY 4915). The vehicle in which the claimant was a passenger (registration number TCB 5224) was owned by the first defendant and was being driven by Anthony Wade, the servant and/or agent of the First defendant, who was killed in the accident. The details of the other vehicle involved in the accident are unknown.

2 By his statement of case dated August 9, 2016, the claimant sought the following reliefs:

• a) Damages for personal injuries and consequential loss suffered by the claimant caused by the negligence of the First defendant his servant and/or agent and/or authorised driver in the driving and/or management and/or control of motor vehicle registration number TCB 5224 on the 21st December, 2013 along the Eastern Main Road, Valencia.

• b) Costs

• c) Interest at the statutory rate under section 25 of the Supreme Court of Judicature Act Chapter 4:01, such interest to be computed for that period from the date of loss 30th January, 2014 to the date of judgment.

• d) Such further and/or other relief as the Court may deem just.

THE CLAIMANT'S CASE

3 The claimant alleged that in his attempted overtaking manoeuvre, the defendant's servant and/or agent negligently managed and controlled the vehicle. The following particulars of negligence were pleaded:

• a. Driving too fast in the circumstances and collided with a vehicle being overtaken and then with a parked motor vehicle on the right hand side of the road;

• b. Driving on to a parked motor vehicle on the right hand side of the road without stopping;

• c. Failing to stop and/or slow down and/or so manoeuvre his said motor vehicle so as to avoid the said collision with a parked motor vehicle;

• d. Failing to keep any or any proper lookout or to have any or any sufficient regard for the parked motor vehicle and crashing into the parked vehicle;

• e. Driving without due care and attention;

• f. Failing to maintain proper and sufficient control of motor vehicle TCB 5224;

• g. Failing to sound his horn while overtaking or otherwise warn of his manoeuvre.

THE DEFENDANT'S CASE

4 The defendant avers that while their servant and/or agent was traversing the Valencia Stretch at about 60–80 km/h, he took all reasonable steps and exercised due care and skill in the agony of the moment. It was further stated that despite the precautions taken by their servant and/or agent, it was in fact the unknown vehicle that made a sudden swerve, without indicating that it intended to do so, which then caused the collision...