Gutierrez v Ek

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Moe, J.
• Judgment Date: 14 February 1980
• Docket Number: Action No. 87 of 1976
• Date: 14 February 1980

Supreme Court

Moe, J.

Action No. 87 of 1976

Gutierrez

and

Ek

Mr. P. Zuniga for the plaintiff

Mr. J. C. Gray for the defendant

Damages - Personal injury — Injury to left arm, hip and knee — Quantum

Moe, J.

1 In this action the plaintiff claims damages for injuries and loss sustained as a result of an accident which occurred on the 10th September, 1975 and which he alleges to be due to the negligent driving of the defendant.

2 In the support of the claim, the plaintiff himself and two other witnesses gave their version as to how the accident took place. The plaintiff said that sometime between 5:00 and 6:00 p.m. on the 10th September, 1975 he was cutting grass some distance from the edge of the San Joaquin Road and the next thing he recalls is that he woke up in the Hospital. Both of the plaintiff's witnesses state that on the 10th September, 1975 sometime after 5:00 p.m. the plaintiff was cutting grass some distance from the edge of the road, when the defendant drove a pick-up along the said road in a zig-zag manner and struck the plaintiff.

3 The defendant gave a different version of the manner in which the plaintiff came to be struck and said that on the date in question while driving a pick-up on the right side of the road through San Joaquin, he saw the plaintiff riding a bicycle about 25 yards in front of him. Another motor vehicle was coming from the other direction with its bright lights on. The plaintiff attempted to cross the road and he the defendant slowed down and avoided the plaintiff. He heard noises at the back of the pick-up and he stopped. He went to the back of the pick-up and saw that he had struck the plaintiff. This version of the accident came up for the first time when the defendant was in the witness stand. The defendant's evidence was not in keeping with his pleading nor was his version of the accident put to the plaintiff or his witnesses both of which circumstances I presume were due to instructions given to his solicitor. Further his version is not consistent with the fact that the plaintiff having been struck was picked up about twenty feet from the edge of the road. This was deposed to by the plaintiff's wife whose evidence on this point was not challenged nor refuted in any way.

4 I accepted the version given by the plaintiff and his witnesses as to the manner in which the accident occurred and found that the plaintiff was struck by the pick-up driven by the defendant while the plaintiff was some distance about 10 feet from the edge of the road. The defendant drove the pick-up in a zig-zag manner along the San Joaquin Road, and struck the plaintiff. There was no other vehicle on the road at the time.

5 Consequently I held that the defendant was guilty of negligence and that that negligence was the sole cause of the accident.

6 From the spot where he lay after being struck by the pick-up, the plaintiff was taken to the Corozal Town Hospital and examined by Dr. Anthony Gill who find him to be suffering from severe concussion resulting in left sided hemi-paresis, that is, impairment of function on the left side of the body. I found that these injuries to the plaintiff were sustained as a result of the negligence of the defendant. As a consequence the plaintiff was hospitalized for three weeks and after discharge from the hospital received massages over some period on his left hand and left leg. The weakness on his left side is now permanent. Flexion on the finger joints, wrists and elbow of the left hand and in the knee and hip of the left leg is very limited. The plaintiff is unable to grip with his left hand, has to drag his left leg and cannot walk unaided for more than 30 feet. He tends to forget things. At the date of the accident the plaintiff was 58 years old.

7 The plaintiff claimed as special damages (a) expenses incurred for medical attention, (b) transportation expenses, and (c) loss of his bicycle. I was satisfied as to the amounts claimed as expenses for medical attention and transportation and allow the...