Wilson v Urbina

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Malone, C.J.
• Judgment Date: 02 October 1978
• Docket Number: Civil Action No. 197 of 1977
• Date: 02 October 1978

Supreme Court

Malone, C.J.

Civil Action No. 197 of 1977

Wilson

and

Urbina

Appearances:

Mr. Dean O. Barrow for the plaintiff

Mr. Edwin L. Flowers for the defendant

Before the Hon. Sir Denis Malone, Chief Justice

Negligence - Traffic Accident — Liability

Facts: Claim and counterclaim — Sufficient evidence before court to show that driver of car in which plaintiff was travelling attempted to cross a major road without looking or without looking properly to see what he should have seen

Held: Claim dismissed — Judgment for defendant entered on counterclaim.

1 On the 9th April, 1977, at about 9 a.m., a collision occurred at the eastern junction of Albert Street and Prince Street between the plaintiff's car C-6324 driven by one Collet Baeza and a pick-up G-6223 driven by the defendant. Both vehicles were damaged. This then is an action of negligence. The plaintiff sues the defendant to recover damages for the loss occasioned her by the collision and by way of counterclaim, the defendant seeks to recover from the plaintiff damages for his loss.

2 Evidence relating to the collision was given in support of the claim by the plaintiff as at the time she was a passenger in C-6324, and by Mr. Baeza. For the defence, the evidence was given by the defendant. But before I consider the evidence, it will be convenient to describe the locality where the collision occurred. Albert Street is a one-way street along which traffic travels from north to south. It is one of the principal streets of Belize City and northwards from the place of the collision; it is straight for a considerable distance. It is a busy street and as the collision occurred on a Saturday morning, it could be that it was even busier than usual. Prince Street is also a one way street. Traffic travels along it from west to east. It crosses Albert Street at right angles and is a street of lesser importance than Albert Street so that drivers of vehicles crossing Albert street from Prince Street should bring their vehicles to a stop before crossing to ensure that they may cross safely and must give way to vehicles being driven on Albert Street. According to Mr. Baeza, he was travelling from west to east on Prince Street and brought his vehicle to a stop at the western junction of Albert and Prince Streets before attempting to cross Albert Street. Indeed, he says, he stopped twice. The first stop was made to permit pedestrians were crossing the western junction to do so. He then slowly drove C-6324 forward and stopped again when he was in a position to see if there was traffic coming from the north on Albert Street. Mr. Baeza said that he saw no traffic moving on Albert Street and that his view when looking northwards to his left was not obstructed. What he saw were some cars parked in the vicinity of Romac's supermarket and Barclay's Bank. The distance from the western junction of Albert Street and Prince Street to Barclay's Banks is, according to the defendant, about 500 yards. The plaintiff recalled that Mr. Baeza did stop at the western junction of Albert Street and Prince Street and that she also looked northwards along Albert Street. She said that she saw cars parked along the western side of Albert Street, that none was parked right by the junction with Prince Street. She remembered seeing what she described in examination in chief as: “something white way down the next block.” Whether that white thing, which in cross-examination she said was a car, was moving or not she could not say but it was, she said: “the only car on the road.” Having satisfied himself that Albert Street was clear, Mr. Baeza then began to cross it. He said that he drove slowly because there were pedestrians crossing the eastern junction of Albert Street and Prince Street. C-6324 (which is a large American two door car) had reached, Mr. Baeza said, a point where the bulk of it was in Prince Street but the portion of it from the rear end of its left door to its tail was still in Albert Street when out of the corner of his eye Mr. Baeza saw something white coming and heard a bang. C-6324 came to a...