Court awards pillion $6.5m for injuries after crash

A pillion passenger left permanently impaired after a motorcycle collided with a truck transporting an excavator along the Bog Walk main road in St Catherine 12 years ago has been awarded approximately $6.5 million in damages by the Supreme Court.

Justice Sonya Wint-Blair, in her judgment last month, ordered $5,900,000 in general damages with interest at three per cent per annum from September 29, 2017, and $565,568 for special damages covering travel and medical expenses with three per cent interest from December 22, 2014, until the date of judgment.

The court found that the excavator being transported on the truck had protruded into the motorcycle’s lane, creating a dangerous obstruction that led to the crash on December 22, 2014.

St Catherine mason Eval Givans was travelling as a pillion passenger on a motorcycle operated by Shevar Simpson when it collided with a truck owned by Melissa Lindo and driven by Steve Lindo. The truck was transporting the excavator in the opposite direction, and the collision occurred near a bend.

Givans had sued both the motorcycle operator and the Lindos, but the judge dismissed the case against Simpson.

In his statement, Givans said that on the morning of the incident, he observed a motor car ahead suddenly swerve to avoid the truck.

“The motorcycle, travelling at about 40 kilometres per hour, also swerved left in an attempt to avoid a portion of the excavator, which was protruding into our lane,” he recalled.

INJURIES

Despite this, the bike struck the excavator, hitting Givans on his right leg and arm.

“The claimant fell further to the left of the road, nearly landing in the river. When the claimant tried to stand, the shattered bone in his right leg was protruding through the skin, and he felt ‘faintish’,” the judgment said.

The truck reportedly did not stop, and Givans was assisted to the hospital by passersby, who also intervened to stop the truck. He was hospitalised for nine months.

Medical evidence showed that he developed an infection at the fracture site and required multiple surgeries, including open reduction and internal fixation with nails. He sustained a Grade 2 compound fracture of the midshaft of the right femur.

The injuries resulted in shortening of the right leg, stiffness, and severe muscle wasting. The doctor assessed a 49 per cent impairment of the lower extremity, translating to a 20 per cent whole-person impairment.

The accident also affected Givans’ quality of life. According to medical reports and his testimony, he can no longer engage in many physical activities he once enjoyed, including riding motorcycles, playing cricket, or performing heavy manual work. He also experiences chronic pain and difficulty walking long distances, which has limited his independence and day-to-day mobility.

In his claim, he alleged that the truck driver failed to properly secure the excavator and that there were no warning signs.

Steve Lindo denied negligence, contending that he was stationary near a corner and that a pilot vehicle equipped with red flags was ahead controlling traffic. He argued that the motorcycle had been overtaking vehicles and attempted to pass between the truck and another vehicle.

The judge rejected that account.

“ … Based on the absence of evidence in his witness statement and the lengthy and inconsistent explanations at trial, I note his admission that the excavator carried no flags or any warnings to caution other motorists,” Justice Wint-Blair said.

NO PILOT VEHICLE

“I find that no pilot vehicle was operating that day in a manner that could safely stop oncoming traffic or alert other road users to the protrusion of the excavator,” the judge also stated.

In addressing liability, the court said the truck driver’s actions amounted to a breach of duty.

“The second defendant’s failure to secure the load and warn other road users of the protruding excavator was a clear breach of both statutory duty and common-law duty to take reasonable care on the road,” the ruling said.

The judge noted that while both drivers bore some responsibility, the truck driver was primarily to blame.

“There is no mention that at any time the second defendant sounded the horn as he travelled along the road,” she said, apportioning 80 per cent of the liability to him.

Attorney Sean Kinghorn, instructed by Kinghorn & Kinghorn, represented Givans, while Anthony Armstrong, instructed by Campbell McDermott, represented the Lindos.

tanesha.mundle@gleanerjm.com