Carmen Charles Appellant v 1) David Mc Queen 2) Doyle Mc Queen Respondents [ECSC]
| Jurisdiction | Grenada |
| Judge | PETERKIN, J.A. |
| Judgment Date | 21 July 1986 |
| Judgment citation (vLex) | [1986] ECSC J0721-1 |
| Court | Court of Appeal (Grenada) |
| Docket Number | CIVIL APPEAL NO. 3 of 1985 |
| Date | 21 July 1986 |
IN THE COURT OF APPEAL
The Honourable Mr. Justice Haynes — President
The Honourable Mr. Justice Peterkin
The Honourable Mr. Justice Liverpool
CIVIL APPEAL NO. 3 of 1985
C. Bristal,Q.C., for Appellant, Mrs. Grant with him.
E. Wilkinson for Respondents.
The Appellant on the 19th January, 1983, obtained interlocutory Judgment against the first Respondent for damages to be assessed in an action for Negligence. On 15th March, 1985, it was adjudged that the first Respondent pay to the Appellant the sum of $700.00 Special Damages and $15,000.00 General Damages. The first Respondent has since died, but substitution has been made by his Administratrix.
The Appellant has appealed against the award to her of $15,000 as General Damages on the following grounds:—
The general damages awarded by the trial judge is inordinately low.
The learned trial judge's assessment of damages is plainly disproportionate to and not reasonably commensurate with the gravity of the injuries suffered by the Plaintiff/Appellant.
The relief sought is an increase in the award of General Damages.
The Appellant who is a teacher employed by the Government of Grenada was on the 10th January, 1980, a passenger for reward in the first Respondent's bus No. 5465 then being driven by the Second Respondent. Through the negligence of the second Respondent the bus ran off the road and overturned, causing personal injuries to the Appellant. The injuries alleged by the Appellant are set out in the Particulars at paragraph 3 of her Statement of Claim.
PARTICULARS OF INJURIES
(a) Lost tooth
(b) Blows on right side of face
(c) Injuried hip
(d) Spinal fracture
(e) Spontaneous abortion
(f) Dislocated ribs.
She was hospitalised for one month and five days where she was attended to by Dr. Rodriquez and Dr. Noel. It became necessary for her to wear a brace which proved to be painful, and she was referred to Dr. Robertson in Trinidad for surgery. She had a Harrington rod inserted. She was 3 weeks in a Nursing Home, and remained a further 2 months as an out patient. She has not resumed teaching, and still complains of pain in her back and head. She is a married woman and at the time of the accident was pregnant. She lost her baby as a result.
Dr. Rodriquez is no longer with us and so was not present to testify. The evidence, however, of Dr. Noel should be allowed to speak for itself in part.
"I saw her on 12/2/80. On examing her, I found the uterus to be consistent with a 10-week pregnancy. I found the uterus to be smaller than the size expected. I consider it to be a missed abortion, in other words, the foetus had died in the uterus, it was still inside and was not growing.
I took a conservative approach and decided to wait and see.
She was discharged home on 15/2/80 and was re-admitted on 19/2/80 at 1.35 a.m. with an incomplete miscarriage. The uterus was evacuated and the patient was discharged that very day.
Apart from the gynaecological aspect, she was admitted to the hospital on the 10/1/80 approximately 1 month before I saw her initially. I know from being on the ward that she had sustained serious injuries allegedly from a motor accident. This aspect was dealt with by one of my colleagues.
I examined the Plaintiff. On examination, I found that she had difficulty in breathing. Her breathing was abdominal in nature. I do not recall whether the Plaintiff was in a plaster cast when I evacuated the womb.
I am definite that the injuries sustained in the bus accident could have caused the loss of the baby."
And again.
"I was in consultation with Dr. Rodriguez from Cuba and I know exactly from him what was wrong with her.
She had a fractured thoracic vertebra, she had had fractured ribs and these were responsible for her difficulty in breathing.
Because I was not sure that the feotus had died, treatment consisted of bed rest.
As a matter of fact, I cannot say when the feotus died.
It is conceivable that the feotus could have died a few days before the accident.
The injuries were serious enough to aggravate the situation. She was in a critical state, I say so because I saw it myself. By critical, I mean that her life was in the balance."
She was also seen by Dr. Friday, but this was many months later. The Judge's evaluation of the evidence is set out in his written Judgment, and in my view shows just how serious a view he took of her injuries. It needs to be repeated:—
"I have no doubt that the plaintiff suffered intense pain and physical discomfort from her experience as well as some emotional and psychological trauma from the spontaneous abortion. She wore a brace, but that was extremely painful. Subsequent examination revealed the need for an operation to have a harrington rod inserted. Up until the 14th of March, 1984, she was not well enough to resume her occupation as ateacher and she still complained of a lot of pain in her /back and / in her...
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