Venzen v Williams et Al

• Jurisdiction: British Virgin Islands
• Court: High Court (British Virgin Islands)
• Judge: Glasgow, J.
• Judgment Date: 20 March 1973
• Neutral Citation: VG 1973 HC 4
• Docket Number: No. 68 of 1971
• Date: 20 March 1973

High Court

Glasgow, J.

No. 68 of 1971

Venzen

and

Williams et al

Appearances:-

J. S. Archibald for plaintiff.

Mc. W. Todman for third and fourth defendants.

Negligence - Damages,

Facts: Evidence revealed that the plaintiff, who was right handed, received extensive injuries to his right arm so that he lost half of its flexibility. In awarding general damages the courts considered the nature and gravity of the physical disability, pain and suffering endured, loss of amenities; its effect on his pecuniary prospects.

Held: Special damages were awarded for loss of earnings and medical bills.

Glasgow, J.

1 The plaintiff's claim against the defendants is for: -

• (a) Damages for personal injury and loss and damage occasioned to the plaintiff by reason of

  • (i) the negligence of the first-named defendant, the servant or agent of the second-named defendant, in the driving and managing of a motor truck, V.I. 615, the property of the second-named defendant, along the public road at Hodge Creek in the Island of Tortola in the British Virgin Islands about midday on the 10th day of May, 1969.

  • (ii) the negligence of the third-named defendant, the servant or agent of the fourth-named defendant, in the driving and managing of a motor truck, V.I. 1008, the property of the third-named defendant, along the said public road at the time aforementioned.

• (b) Damages for personal injury and loss and damage occasioned to the plaintiff while in the course of his employment by the second-named defendant by reason of negligence and/or breach of the contract of employment on the part of the second-named defendant his servants or agents in the island of Tortola aforesaid on the 30th day of May, 1969.

2 Appearances were entered for the third-named and fourth-named defendants. No other defendant entered an appearance. On the 16th February, 1972 interlocutory judgment was entered against the first-named and second-named defendants.

3 In their statement of defence the third-named and fourth-named defendants admitted that on the date and at the place mentioned in the statement of claim the plaintiff was involved in the collision between Motor truck V.I. 615 driven by the first-named defendant and motor-truck V.I. 1008 driven by the third-named defendant. The third-named and fourth-named defendants denied that they or either of them or any of their servants or agents were or was guilty of the alleged or any negligence or that the matters complained of were caused as alleged in the statement of claim. No admission was made by the third-named and fourth-named defendants as to the alleged or any injuries loss or damage.

4 The brief facts which gave rise to this action are as follows: On the 30th May, 1969 the plaintiff was employed by the second-named defendant as a labourer at Paraquita Bay Estate, Tortola. By arrangement made by the second-named defendant, the plaintiff was driven from his home at Long Look to Paraquita...