Leonard v Forbes

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Renwick, J.
• Judgment Date: 16 October 1970
• Neutral Citation: VG 1970 HC 2
• Docket Number: Civil Appeal No. 32 of 1968
• Date: 16 October 1970

High Court

Renwick, J.

Civil Appeal No. 32 of 1968

Leonard

and

Forbes

Tort - Damages — Personal injury.

Facts: Evidence revealed that the injury to the plaintiff caused him to be in hospital from 31st October 1966 up until the time of the hearing (over 2 years). He had to go to Jamaica for special treatment. His brain was damaged and he was spastic. He would never lead a normal life, would always have to be looked after since he lost his sense of balance. His speech was now different and for most time incomprehensible. He was a casual employee.

Held: Special damages $3,118 and general damages $5,000.

1 In this case the sole question to be adjudicated upon is the quantum of damages to be awarded to the plaintiff. The medical evidence discloses that the plaintiff was admitted to Peebles Hospital on 31 ^st October, 1966 at about 10.00 p.m. He was then about 15 years old. He was unconscious and x-ray revealed that he had a fracture on the skull and of his ribs. His breathing was difficult he was put on artificial respiration for several hours after which time his breathing started spontaneously and he began showing signs of regaining consciousness and during the next one year he continued to improve. He was sent to Jamaica on the 4 ^th November, 1968 and returned to Tortola to the Peebles Hospital on the 22 ^nd April, 1969, where he still remains.

2 While in Jamaica he received extensive physiotherapy and speech therapy he was also prescribed glasses and...