Casteneda et Al v Sutherland et Al

• Jurisdiction: Belize
• Judge: Shanks, J.
• Judgment Date: 11 February 2000
• Court: High Court (Belize)
• Docket Number: 538 of 1997
• Date: 11 February 2000

High Court

Shanks, J.

538 of 1997

Casteneda et al

and

Sutherland et al

Appearances:

Mr. Denys Barrow, S.C. for the plaintiff.

Mr. Jeremy Courtenay for the plaintiff.

Damages - Assessment of Damages — Dependant's action — Fatal accident — Section 9 of the Law of Torts Act — Deceased contributorily negligent — Spouse and three children — Multiplier of twelve — Quantum — Damages reduced by one third — Award of $223,653.00 — Apportionment of damages according to length of dependencies.

Shanks, J.

1 On Friday the 7th of November, 1997, Mr. Castaneda, who worked as an accountant at Belize City Airport, left work at about 5:30 and went to a shop at the junction of the airport road and the Northern Highway at mile eight and a half for a drink before returning home to Corozal. He must have had between seven and ten beers. Shortly before 7:30 he left the shop in his pickup with Lorenzo Balam and Virgina Bradley in the front and a number of unknown people in the back section heading north for Corozal. He was travelling at about 55 to 60 miles per hour. Mr. Balam who had also been drinking at the shop told us in evidence that Mr. Casteneda was not displaying any signs of drunkenness but it is an agreed fact that he had 150 milligrams per 100 millimetres of alcohol in his blood. This is almost double the legal limit and I find as a fact that his co-ordination and reaction at times were impaired and that he should not have been driving.

2 Meanwhile further up the Northern Highway, at about mile 11 or possibly further north, some WASA workmen were finishing some work on or near the highway. WASA had hired an excavator from CISCO Construction Limited, the second defendant. The work had gone on later than anticipated but the CISCO supervisor had given instructions that the excavator was to be returned to CISCO's depot on the Western Highway near Belize City and those on site decided to return the excavator although it would not normally be moved at night. This was a hazardous operation because the trailer on which the excavator was to be loaded was not wide enough to accommodate it unless it was put perpendicular to the trailer with its tracks protruding from each side. Based on the later measurements recorded in a sketch plan made by Corporal Gordon which I accept to be accurate, this over-hang was three and a half feet on each side of the trailer which was itself seven feet wide load was therefore about 14 feet wide, substantially more that half the road width. Those responsible for moving the excavator had no special lights or other means of warning other traffic on the road of this hazard. They drove in convoy with a WASA pickup driven by Dennis Robinson in front of the trailer and another driven by Steven Pitzold behind it. The trailer was driven by the first defendant, Douglas Sutherland, and the excavator driver Mr. Polanco was in the passenger's seat. Both were employees of the second defendant. The convoy was heading south at 30 or 35 mph and the two pickup trucks the trailer had their hazard warning lights on, though the front driver's side indicator of the trailer may not have been working. In any event, given the width of the load, the...