Rempel et Al v Gordon Jenkins (Trading Under the Name Southern Trucking Service) et Al

• Jurisdiction: Belize
• Judge: Shanks, J.
• Judgment Date: 18 April 2000
• Court: High Court (Belize)
• Docket Number: 339 of 1997
• Date: 18 April 2000

High Court

Shanks, J.

339 of 1997

Rempel et al

and

Gordon Jenkins (Trading Under the Name Southern Trucking Service) et al

Appearances:

Mr. Dean Lindo for the plaintiffs.

Mr. Dean Barrow, S.C. for the defendants.

Negligence - Fatal accident — Liability — Wife of deceased sued for damages — Counterclaim for damages for damage to the truck — Finding that the deceased was liable for the accident — Damages of $20,000 awarded on counterclaim.

Shanks, J.

1 This is a fatal accident claim arising out of a road traffic accident which occurred on the Southern Highway near Cowpen on 19 April, 1997 in the late afternoon. The Second defendant was driving the First defendant's truck north towards Alta Vista with a heavy load of citrus in the trailer and it collided with Frank Rempel's pick-up which he was driving in the opposite direction, killing him instantly. There is also a counter-claim in respect of the damage to the First-defendant's truck, which was effectively written-off in the accident.

2 The only evidence which the plaintiffs could call as to the circumstances of the accident was from Norman Baide, who was Mr. Trapp's sideman and a passenger in the truck. He gave evidence that he was in the passenger's seat and that the truck had just pulled away from a stop and was doing about 20 mph when he noticed a pick-up coming towards them at quite a speed. The road was rough and the pick-up went over a bump and appeared to lose control. Mr. Trapp attempted to take evasive action by moving to his left hand side of the road because the pick-up kept coming on his right. The collision occurred in the middle of the road. He told me that the pick-up hit the truck with the driver's side of the pick-up and the passenger side of the truck taking the impact but this seemed to me a physical impossibility. Mr. Baide was thrown through the windscreen in the accident and was unconscious for a period of time. The two vehicles ended up off the road on the southbound side of the road with the truck pointing south. This was confirmed by some photographs of the aftermath of the accident which were also put in evidence. Mr. Baide said that the truck and the pick-up were about eight feet apart when he saw them after he came round.

3 Mr. Trapp's evidence was that he had indeed just taken off and that he was doing 20–25 mph when he saw a pick-up coming towards him quite fast about 200 yards away. At about 100 yards away he saw the...