Meighan v Espejo

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Moe, J.
• Judgment Date: 12 December 1980
• Docket Number: Action No. 53 of 1978
• Date: 12 December 1980

Supreme Court

Moe, J.

Action No. 53 of 1978

Meighan

and

Espejo

Mr. Bernard Q. Pitts for the plaintiff.

Mr. Horace W. Young, Q.C. and Mr. M. Young for the defendant.

Damages - Personal injury and property loss caused b y defendant's negligent driving.

Moe, J.

1 In these proceedings, the plaintiff claims damages for injuries which he received on the 14th April, 1977 through the negligent driving of the defendant. In support of the claim only the plaintiff gave evidence. For the defendant, the defendant himself and two witnesses gave evidence.

2 There is no dispute between the parties that on the 14th April, 1977 about 8:30 a.m. — 9:00 a.m. in the morning while the plaintiff was riding his bicycle, proceeding from the Belcan Bridge across the Freetown Road, to Princess Margaret Drive, he came into a collision on the said Freetown Road, with a motor lorry, then being driven by the defendant. There is also common ground between the parties that the collision took place on the right hand side of Freetown Road in the direction in which the truck was travelling. In addition, I also found as a fact that on a road leading from the Belcan Bridge and on which the plaintiff was travelling there was a stop sign placed immediately before entry into Freetown Road. Police Constables Thompson and Simpson both gave evidence as to this which was not challenged.

3 Now, the plaintiff maintained that he stopped at the end of the road leading from the bridge, before crossing Freetown Road. He said, “When I reached the Belcan Bridge I had to stop over on the north side —— I did stop because of the traffic rule —— No traffic was on Freetown Road. As I looked left, there was no traffic. As I looked right, there was no traffic. I stopped about 3 minutes. I had come off the bicycle completely.” He then describes how the collision occurred. He said, — “I then proceeded towards Princess Margaret Drive. I was taking my time going across — I got to about 20 feet from Princess Margaret Drive —— I saw a truck coming from Belize side. It was coming so fast I couldn't judge how far it was from me when I first saw it. It was coming so fast I had to cut away from that direction —— I cut up Haulover Road to see if I could save my life. When I cut away I got knocked down by the truck. I was hit on my right side.”

4 On the other hand, the defendant averred that the plaintiff did not stop and gave an account of the collision as follows: He said, “I was driving towards the airport when I was approaching the Belcan and Princess Margaret Drive. I saw a bicycle coming down from the Belcan Bridge. I continued because I know I have the right of way, but as I was approaching the junction I saw the bicycle never stopped. I figured he was going to stop at the middle of the Road where there is an intersection there. Then I see he didn't stop. I gone for my brakes and swerve to my right because I saw if I continued straight he was going to go underneath my truck. —— Then Mr. Meighan swerve to the left, but he couldn't avoid and the front of my truck struck him.”

5 The important issue for determination was whether the plaintiff had stopped before entering Freetown Road. As may be expected the evidence of the plaintiff and the defendant on this were diametrically opposed.

6 However, police constable Simpson one of the witnesses presented by the defendant said — “I was on duty at...