Fenton v Farrell

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Georges, J.
• Judgment Date: 31 July 1992
• Neutral Citation: MS 1992 HC 10
• Docket Number: 25 of 1992
• Date: 31 July 1992

Fenton

and

Farrell

Georges, J.

25 of 1992

High Court

Damages - Personal injury — Quantum — Damages for personal injuries sustained as a result of a cutlass assault upon plaintiff by the defendant — Liability not disputed — Quantum of damages to be assessed — Cornilliac v. St. Louis (1965) 7 W.I.R 491 — Dictum by Wooding, C.J — Factors, nature and extent of injuries sustained, nature and gravity of the resulting physical disability, pain and suffering endured, loss of amenities suffered and effect on pecuniary prospects — Judgment entered for plaintiffs.

Georges, J.

1 This is a claim by a young farmer aged 25, for damages in respect of personal injuries sustained as a result of a cutlass assault upon him by the defendant about 8.30 a.m. on Monday 25th February, 1991 at Thatcher Valley.

2 According to the plaintiff, an the day and time in question the defendant came on to his property and when told that he was trespassing, the defendant struck him with a cutlass thus causing a wound to the left side of his scalp and left ear as well as to his left ring finger.

3 Liability was not disputed and the plaintiff on 20th March, 1992 duly entered interlocutory judgment in default of appearance with damages to be assessed against the defendant. The sole issue therefore is the quantum damages to which the plaintiff is entitled.

4 According to Dr. Lowell Lewis' report dated 27th June, 1991, the plaintiff sustained:–

• (i) an 8 cm laceration on the left side of his scalp

• (ii) a 1 cm laceration across the anterior surface of the left ring finger, which severed the flexor tendon and the lateral digital nerve of the finger completely.

5 When by the doctor on 27th June, 1991, the movements of the damaged finger according to the doctor were improved but still without active flexion at the DIP joint and only 50% et the PIP joint. Further surgery would be required to improve function in the doctor's opinion and some permanent residual disability would remain.

6 Following the injuries, the plaintiff told the court that he experienced quite a lot of pain on the left side of his head and his left ring finger. At present, he added, he suffered pain in swollen joints of the left ring finger intermittently especially when working hard of the farm.

7 At the date of the incident, the plaintiff told the court that he was earning his living by cultivating vegetables and rearing small stock. He put his average weekly income at $250.00. He claimed that following his injuries he was unable to work for eleven weeks.

8 His medical bills came to $640.00 he said and he paid $80 for transportation and $30 for physiotherapy treatment. He also incurred the expense of $200 for consultation fees to Dr. Lewis and $60 for a medical report. There were supporting receipts in respect of most of these expenses which were in the main unchallenged.

9 The plaintiff also claimed for loss of a shirt valued at $50 and a pair of...