Dyer et Al v Martin et Al

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Berridge, J.
• Judgment Date: 04 July 1968
• Neutral Citation: MS 1968 HC 1
• Docket Number: 12 of 1966
• Date: 04 July 1968

Dyer et al

and

Martin et al

Berridge, J.

12 of 1966

West Indies Associated States Supreme Court. High Court

Negligence - Liability — Accident caused by opening of door during movement of vehicle

Held: The plaintiff failed to establish her claim of negligence against the second defendant. Claim dismissed.

Facts: The plaintiff claimed damages in negligence against the first defendant as owner, and the third defendant was subsequently added as owner of vehicle from which the plaintiff fell as a result of an alleged defective door lock in the said vehicle. The vehicle was being driven by the second defendant. The plaintiff claimed that she was transporting her pineapples by the first defendant's jeep to market for which service she had paid. The issues were whether the third defendant was vicariously liable for the second defendant's negligent acts and whether the second defendant had been negligent.

JUDGMENT:

1 This is an unfortunate case in which the plaintiffs claim is for damages in negligence against the first named defendant owner and the third-named defendant, subsequently added as owner of a vehicle M 259 which the plaintiff fell on the 31 ^st July, 1965 as a result of an alleged defective door lock in the said vehicle which was being driven by the second-named defendant.

2 Before going into the facts of the case in any more detail it should be recorded that at the close of the case for the first two defendants on 12 ^th March, 1968 counsel for the plaintiff applied to have the third named defendant added as such. The application was granted and the matter adjourned to enable further necessary action to be taken.

3 The case of the plaintiff now approaching her 80 ^th birthday is that from sometime in 1965 she has been having her pineapples transported by the jeep of the first named defendant to market for which service she paid $2.00 a time.

4 On 31.7.65 she hired the vehicle, which was driven by the second named defendant. She sat next to the driver that is to say between him and the child Yvette Irish who sat at the end, while on the box of the jeep sat JOHN DYER the plaintiff's husband among the load of pines.

5 As the vehicle got to a place by the name of “White Wall” she alleges that the door flew open and both she and the child fell out, the latter sustaining injuries of a comparatively minor nature while she was less fortunate in that it became necessary to hospitalise her not only...