Moreno et Al v Caltellanos et Al

• Jurisdiction: Belize
• Judge: Shanks, J.
• Judgment Date: 03 March 2000
• Court: High Court (Belize)
• Docket Number: 23 of 1998
• Date: 03 March 2000

High Court

Shanks, J.

23 of 1998

Moreno et al

and

Caltellanos et al

Appearances:

Mr. Denys Barrow for the plaintiffs.

Mr. Vincent Castellanos representing himself.

Damages - Assessment of damages — Personal injury — Closed fracture of left seventh rib, fractured left collarbone, lacerations — Quantum — Award of $2,500.00 general damages.

Damages - Assessment of damages — Personal injury — Thirty year old male teacher — Fractures to the left femur, left forefoot, right ankle and right hand, severe pain, skeletal traction, shortening of left leg by two centimeters, pronounced limp, permanent residual disability of forty percent of total body — Quantum — Total award of $57,240.00 general damages.

Shanks, J.

1 This is an assessment of damages in respect of a road traffic accident which occurred on the 24th March, 1996. Judgment in default of Defence was entered on the 28th of April, 1998. The defendants were originally represented by Mr. Dujon who was instructed through an insurance company which is now no longer giving proper instructions. Mr. Dujon therefore in effect came off the record before this assessment first came before me. Steps were therefore taken to serve the defendants personally and that was done. Mr. Cajun has made no attempt to appear on the assessment. Mr. Vincent Castellanos appeared on the 22nd of February, 2000 and I gave him an opportunity to take advice if he wanted to say anything on the assessment has appeared in person today but has not taken any advice to put himself in a position to make any kind of point on the assessment and I will therefore proceed on the basis of the material put before me by the plaintiffs. This material consists of an affidavit by each of them, medical reports on each of them, and written submissions by Mr. Marshalleck.

2 Dealing first with the first plaintiff, Javier Moreno, he was born on 12th August, 1966. He is now 34 years old. He suffered fractures to his left femur and left forefoot and the right ankle and hand. He suffered severe pain in the accident. He was in the hospital for two months. He had skeletal traction. He was in a wheelchair for one month, six months with crutches and five months using a walking stick. He is a primary school teacher and he was off work until November, 1996.

3 There was an assessment of his medical condition made by Mr. John Waithe on the 15th of October, 1997. Mr. Waithe stated in that assessment as follows; “Mr. Moreno complained of some pain in the left thigh. The left lower limb was shorter than the right, and he walked with a pronounced limp, favouring the left lower limb. He also complained of some pain in the left...