Jeffers v Todman

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Hewlett, J.
• Judgment Date: 20 March 1978
• Neutral Citation: VG 1978 HC 1
• Docket Number: No. 34 of 1977
• Date: 20 March 1978

High Court

Hewlett, J.

No. 34 of 1977

Jeffers

and

Todman

Appearances:

J.S Archibald for the plaintiff

McW. Todman for the defendant

Tort - Damages — Personal injury

Facts: Plaintiff claimed that he was unlawfully assaulted then lifted up and dashed to the ground by the defendant. Claimed that this resulted in the fracture of his ankle bone. Defendant denied assault, contended that plaintiff assaulted him with a stone, that in trying to restrain plaintiff they struggled and both fell to the ground. Evidence for plaintiff that defendant had offered compensation on several occasions. Plaintiff's claim for special damage included loss of wages for three months. Evidence that surgeon had advised plaintiff that it was best to return to work.

Held: Balance of probabilities in favour of plaintiff. General damages assessed at $3,000.00. Special damages of $590.96 awarded. Claim for loss of wages only allowed to the extent of one month.

Hewlett, J.

1 The plaintiff's claim is for damages for personal injury suffered at the hands of the defendant when he was unlawfully assaulted, then lifted up and dashed to the ground, resulting in the fracture of his right lateral malleolus or ankle bone.

2 The defence is a denial of the assault. The contention is that it was the plaintiff who assaulted him with, a stone and that he was obliged to restrain the plaintiff from carrying out the attack and that in the struggle which ensued they both fell to the ground, the inference to be drawn being that the injury happened quite accidentally in the fall.

3 The plaintiff's version of the facts is that as he was walking along Main Street in Road Town an his way to the cinema about 8.00 p.m. on the 4th January 1976, when the defendant came up behind him, struck him on the back and then slapped him, and as he turned off to get a stone with which to strike back the defendant held him, lifted him up, walked with him to a paved road near by and then threw him to the ground causing his right ankle to bend under and that the defendant further assaulted him on the ground until, one Cuffy came and took him off.

4 As proof of the defendant's admission of liability and to support his case, the plaintiff gave evidence that the defendant had approached him at his home on the day after the incident, and again some days later while he was in hospital, and again later after his discharge from hospital, asking on each occasion, that the matter be settled out of court and that police involvement be stopped, at the same time offering compensation on the three occasions, on the first...