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Hall, Kishane v Kemwell Tapple and Kenardo Nicholas

Court: 
Supreme Court
Subject: 
Tort, Negligence, Assessment of Damages
Catchwords: 

Tort – Negligence – Motor Vehicle Collision – Whether Defendant Breached his Duty of Care to the Claimant and Caused Loss and Damage.

Tort – Negligence – Contributory Negligence – Motor Vehicle Collision – Whether Claimant Contributed in Whole or in Part to his Losses.

Assessment of Damages – Quantum of Damages to be Awarded – Whether a Medical Report is Necessary before the Court can find that a Claimant is Injured –Whether Claimant Has Proved His Injuries Despite Absence of Medical Report.

Legislation – Road Traffic Act 1938 – s. 51.

Legislation – Law Reform (Contributory Negligence) Act 1951.

Document Type:

Year: 
2026
Suit/Claim number: 
SU2023CV01835
Neutral Citation: 
[2026] JMSC Civ. 43
Judge(s): 
Dale Staple, J