Alfred v Burgos

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Moe, J.
• Judgment Date: 06 August 1981
• Docket Number: No. 215 of 1978
• Date: 06 August 1981

Supreme Court

Moe, J.

No. 215 of 1978

Alfred

and

Burgos

Mr. W.P. Elrington for the plaintiff

Mr. Dean Lindo for the defendant

Damages - Personal injuries — Thirty three year male — Loss of eye, loss of right middle finger, partial loss of function to right index finger, pellets in forehead, neuralgic headaches — Quantum — Award of $24,000 general damages.

Moe, J.

1 Judgment having been entered elsewhere for the plaintiff, this is an assessment of damages for personal injuries suffered by him.

2 The plaintiff, 33 years old at the material time, went to the defendant's club about 6:30 p.m. to purchase rice and beans. He made his order then standing about 6 feet from the defendant. As he said “one place of rice and bean to go”, the defendant said “I am going to kill this nigger”. The plaintiff took money out of his purse to pay for his order and asked the defendant what he had done him. The defendant replied he had broken into his place and stolen from him. At that moment the defendant's wife came out and said “Nico, no - no- no- don't do it.” The defendant picked up a gun at his side and shot at the plaintiff. The plaintiff put up his hands as the gun was aimed and as he heard the report he felt the shot. The plaintiff fell on his back and the defendant came, hauled him out of the yard at the back and left him there.

3 The plaintiff remained there for about eight to ten minutes, struggled, got up, left the yard and got himself to the hospital about 400 - 500 yards away. He remembered reaching the hospital but he next remembered being in the Belize City Hospital three days later. He spent on month in the hospital.

4 The plaintiff testified that during the time in hospital he was in pain night and day for a long time. He detailed his injuries as a loss of his left eye, loss of his right middle finger and a permanent stiffness in his right index finger. He still has pellets in his forehead.

5 Dr. Perez-Schofield an opthalmologist saw the plaintiff three days after the incident. He found no perception of light in the left eye and destruction of complete eye function. About three weeks later he performed an enucleation of the eye but was unable to remove any of the pellets. He explained that the plaintiff had severe pain initially and while he was in hospital under sedation for the pain, it could last hours or days. According to him the plaintiff has been having neuralgic headaches and received analgesics in respect of the injuries.

6 The record made by the doctor who examined the plaintiff on the day after the incident noted the eye injury and a compound fracture and lacerated index and middle fingers. Operations were performed twice on the plaintiff's hand and a frontal region of the skull. The index finger was saved and three pellets removed from the scalp. There was total loss of the middle finger and partial loss of function of the index finger. Percentage loss due to fingers is 12%

7 The plaintiff said that his main source of earning was as a cane cutter. The season for cane cutting starts in November or December and usually ends between May/ July of the following year. He used to earn therefrom between $60.00 per week and $100.00 per week. After the incident he couldn't go and cut cane and next started to work about May 1979 doing odd jobs, according to him a catch and kill procedure. He now works with Public Works...