Yvonne Thomas (Administratrix of the Estate of Roy Thomas, Deceased) Claimant v James Mitchell Audlyn Mitchell Defendants [ECSC]

• Jurisdiction: Grenada
• Judge: MATHURIN, M,CHERYL MATHURIN,MASTER
• Judgment Date: 04 October 2007
• Judgment citation (vLex): [2007] ECSC J1004-1
• Court: High Court (Grenada)
• Date: 04 October 2007
• Docket Number: CLAIM NO.GDAHCV2005/0391

[2007] ECSC J1004-1

IN THE SUPREME COURT OF GRENADA

AND THE WEST INDIES ASSOCIATED STATES

IN THE HIGH COURT OF JUSTICE

Before:

Master Cheryl Mathurin

CLAIM NO.GDAHCV2005/0391

Between:

Yvonne Thomas (Administratrix of the Estate of Roy Thomas, Deceased)

Claimant

and

James Mitchell

Audlyn Mitchell

Defendants

ASSESSMENT OF DAMAGES

MATHURIN, M

1 On the 4^th November 2002, Roy Thomas, the deceased, was a passenger in the 1^st defendant's vehicle which was at the material time being driven by the 2^nd defendant. There was an accident and the vehicle crashed into a lamp post causing the deceased injuries which he died from 10 days later. The issue of liability was determined by a judgment in default of appearance in favor of the estate of the deceased which was instituted by the claimant in this action, Yvonne Thomas who is the administratrix of the estate of Roy Thomas, wife of the deceased. The parties have filed evidence and submissions to assist the court on the issue of quantum of damages.

2 The parties agree as to special damages in the sum of $6,467.00, damages for pain and suffering in the sum of $22,000.00 and $7,000.00 for loss of expectation of life. The sole outstanding issue is that of loss of earnings in the lost years. The parties agreed to rest on their written representations on the issue.

3 The parties have submitted the following authorities on the issue.

Anna Modeste and Anr v Glen Jacobs and Anr Claim number GDAHCV2000/0583

Pickett v British rail Engineering Ltd (1980) AC 136

Gammel v Wilson (1982) AC 27

Alphonso v Ramnauth (1997) 56 WIR 183

4 The principles in calculating the award for loss of earnings was stated as follows in thePickett case as follows;

"The loss to the estate is what the deceased would have been likely to have available to save, spend or distribute after meeting the cost of his living at a standard which his job and career prospects at the time of death would suggest he was reasonably likely to achieve."

Additionally, the court must make the best estimate based on the known facts and prospects at the time of death.

5 The evidence of Yvonne Thomas is that that the deceased earned approximately US$2,500.00 per month of which he remitted US$2,000.00 per month to assist with the mortgage on their house, household bills and maintenance of herself and her children. In this regard she has submitted receipts evidencing various amounts of money between US$1,000.000 and US$2,000.00 sent by the deceased over a period of time. She has also submitted a letter from his employer verifying that "Mr. Roy Thomas was employed by Norwegian Cruise Line from December 1997 to October 28^th 2001." The letter dated the 21^st September 2002 also states that Mr Thomas's salary was US$895.00 and with tips, it averaged US$2,852.00 per month.

6 I accept that Mr. Thomas remitted monies to the claimant during that period and also accept that there is no evidence to refute that he was not employed at the time of his death. I also considered the fact that the letter did not indicate that he was employed with the cruise line between the period of October 2001 and August 2002 when the accident occurred. I take this into account as this would obviously impact on his career prospects at the time of his death. However, that having been said, it is not conclusive that Mr. Thomas would not have worked at some point and continued his responsibilities to his family.

7 I also take into consideration the age of his children and recognize that eventually his contribution towards his childrens' maintenance would have eventually abated or ceased. The children were both of an age where their independence was imminent, the older having left school and the...