Guerra v Carillo

• Jurisdiction: Belize
• Judge: Brown, J.
• Judgment Date: 25 April 1989
• Court: Supreme Court (Belize)
• Docket Number: Action No. 185 of 1988
• Date: 25 April 1989

Supreme Court

Brown, J.

Action No. 185 of 1988

Guerra

and

Carillo

Mr. D.B. Barrow for plaintiff

Mr. R. Williams on record for defendant

Damages - Personal injury — Injury to eye — General damages of $3000 awarded.

Brown, J.

1 On the 9th August 1908 the plaintiff filed a writ against the defendant. His claim is for damages for injuries inflicted on him by the defendant on the 4th May, 1988. Interlocutory judgment was entered on the 6 ^th September, 1988 default being made in appearance by the defendant. An application to set aside that judgment was dismissed. On the 22nd November, 1988. At the hearing of that application evidence disclosed that on the 4th August 1988 the defendant had been convicted before the magistrate for the Orange Walk Judicial District of grievous harm committed upon the plaintiff. The injuries sustained by the plaintiff is the subject of this action.

2 An order was made directing, inter alia, that damages be assessed by affidavit evidence. The defendant was summoned to appear to be cross -examined before a judge in chambers at the time of assessment. He failed to appear. The evidence discloses that on Sunday 15th 14ay, 1988 the plaintiff was seated in a bar when the defendant entered the said bar. During a discussion between them the defendant became annoyed. The plaintiff on realizing this closed discussion with the defendant and started talking to someone else. The defendant threw a drinking glass at the plaintiff. The glass caught the plaintiff on his right eye causing injuries to him. He reported to the police who took him for medical attention at the Orange Walk Town Hospital. The seriousness of injuries to his eye required his transfer to the Belize City Hospital for further medical attention. He obtained specialist treatment from Doctor Amin Hegar whose reports show that the plaintiff had suffered:

“Conjuctival laceration of his right eye which I sutured. The lid was almost in complete ptosis (drooped lid). He also presented a large right facial injury that was sutured… The injury was described as grievous … He was treated with antibiotics and was prescribed a period of disability days … as a result he was suffering from mild ptosis, watery eyes and visual defect that is corrected with lenses and of course a facial scar …”

3 In addition to Dr. Hegar's report the plaintiff has deposed to the fact that following the incident he has experienced blackouts, blurred...