Novelo v Novelo et Al

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Moe, J.
• Judgment Date: 10 April 1981
• Docket Number: No. 244 of 1977
• Date: 10 April 1981

Supreme Court

Moe, J.

No. 244 of 1977

Novelo

and

Novelo et al

Mr.J.C. Gray for the plaintiff

Mr. Dean Lindo for the defendant

Damages - Personal injury — Plaintiff injured in altercation — Laceration over right eye, wound to abdomen — quantum — Award of $350 for pain and suffering.

Moe, J.

1 In this matter the plaintiff claims damages for bodily injury inflicted on him by the defendants on or about the 5th day of September 1977 and for loss suffered by him as a result of the said bodily injury.

2 For the plaintiff, he himself and one Orlando Carasco gave evidence whereas for the defence, there was evidence from the first named defendant and Mr. Robert Usher, the Executive Secretary of the Northern Fishermen Cooperative Society Limited.

3 The plaintiff said that on the 5th day of September 1977 at about 3:30 p.m. he was in Friends Club with a friend Orlando Carasco. The two defendants, both his brothers, were also in the club. He and the plaintiff went and were throwing darts. The defendant Valerio went to him and asked him to play a game. He ignored him. Valerio repeated his request and the plaintiff left off throwing, went back to the bar counter and returned the darts. Valerio came in front of him at the counter and said, “You should respect your brother.” He told the defendant, “why don't you behave yourself, don't you see I am ignoring you, why don't you keep far from me?” Valerio thereupon slapped him on his face, he got mad and slapped him back. Valerio struck him over his right eye with a beer pint. He felt blood pouring down, felt pain and put a handkerchief over his eye. He saw the other defendant Herman picked up a piece of the bottle and Herman jucked him in his belly. He had blood all over his shirt and pants. He left and went to the police station where me made a report. From there he went to the hospital where both wounds were stitched and he was detained for twenty-four hours.

4 The evidence of Mr. Carasco was in similar vein. The plaintiff and the defendant Valerio were arguing. He saw Valerio slapped the plaintiff and the plaintiff slapped him back. The three of them were by the bar. Valerio was to one side of him, the plaintiff to the other. Valerio took a beer pint and as he put it right across him, hit the plaintiff over his right eye. The plaintiff bent down, put his kerchief to his eye and he, Carasco, saw blood. He saw Herman come up from behind, stoop down, pick something up and hit at the plaintiff in the area of the belly while he was still bending over. He and the plaintiff went to the police station and then to the hospital where he had to wait. When he went in he saw the plaintiff with bandages around his belly and over the right eye.

5 The account of the defendant Valerio was that when the plaintiff came into the bar the plaintiff went directly to the defendant Herman and used obscene language. Herman told the plaintiff to leave him alone and the plaintiff repeated the obscene language. He Valerio told the plaintiff that it is a shame for brothers to be fighting each other. The plaintiff told him to shut up and slapped him. He slapped the plaintiff back. The plaintiff threw a punch, missed and was coming towards him. He threw a pint bottle in his direction but doesn't know whether it hit him. The plaintiff came and held him and they both went to the ground. Somebody pulled the plaintiff off him. He got up, Herman told him, “let us go” and they both left the club. He didn't see the plaintiff bleeding. He thinks the bottle broke. He saw pieces on the ground.

6 I accept the version as given by the plaintiff...