Borland v Cowo et Al

• Jurisdiction: Belize
• Judge: Rajasingham, J.
• Judgment Date: 18 April 2000
• Docket Number: 198 of 1977
• Court: High Court (Belize)
• Date: 18 April 2000

High Court

Rajasingham, J.

198 of 1977

Borland

and

Cowo et al

Appearances:

Mr. Denys Barrow, for the plaintiff.

Mr. J.C. Gray, for second-named defendant.

Damages - Fatal accident — Twenty one year old male — Estate action — Deceased gave parents percentage of his wages — Award of $520 to father for loss of support — Award of $1,040 for mother for loss of support — No evidence of earnings of deceased — Award of $750 as compensation for loss suffered by the deceased's estate.

Rajasingham, J.

1 The plaintiff William Borland and his wife Isabella claim damages for loss of support caused the death of Clifford Borland, their son aged 21 years. They allege that their son died as a result of the overturning of cane truck No. A6012 owing to the negligent driving of the said truck by the first defendant. The truck belonged to the second defendant. The plaintiff William Borland also claims damages on behalf of the estate of Clifford Borland of which he is the administrator. The defendants put the plaintiff to proof of everything averred by him, while denying any negligence or damage.

2 The plaintiff and his wife, Isabella, gave evidence of the fact of their son having died as a result of an accident on the 13th of February, 1977; he died two days later. They also gave evidence of the fact of the son Clifford paying each parent a personal allowance out of his earnings, as they were very advanced in age. William Borland said his son gave him $10 a week to assist him and Isabella Borland said she received $20 a week. Mr. Gray is cross-examination sought to show that what Isabella received was in fact payment for washing her son's clothes and preparing his breakfast and dinner. She denied this was so and stated that she was paid this sum even when Clifford was away staying at his sister's house. They both said they received little or no help from Clifford's older brothers since they married and had large families. Mrs. Borland said these sons used to help in a similar fashion prior to their marriage. Thus presumably Clifford too would have stopped this assistance when he married. He would in all probability have married within the next year or two; Mr. Barrow agreed he was of an age when, in Belize, a young man's thoughts turn to marriage. I do not believe any money paid to Isabella and William Borland was intended by Clifford Borland to be payment for services; I believe he was assisting his parents in their old age. It is evident from Isabella's repeated bankruptcy at running a little shop, that they needed assistance.

3 Eldo Gideon, the brother-in-law of Clifford gave evidence and stated that he left his brother-in-law at a dance that night at 2 a.m. At 4 a.m. he was informed of the accident and set out for the scene at Chan Pine Ridge cut off. Before he got there he met the vehicle bringing the injured persons and got into it. He said they went to Orange Walk hospital and there he saw his brother-in-law taken in and laid on the floor, unconscious. He rushed his brother-in-law to Belize City hospital but Clifford died two days later without regaining consciousness. Gideon said he later saw the Defendants truck lying on its side on the wrong side of the road at Chan Pine Ridge cut off.

4 The first defendant gave evidence and stated that he took the vehicle to go to a...