Moxey v Parliamentary Registrar et Al

JurisdictionBahamas
CourtSupreme Court
JudgeGeorges, C.J.
Judgment Date11 Dec 1986
Docket NumberNo. 1111 of 1986

Election Court

Georges, C.J., and Malone, Snr. J.

No. 1111 of 1986

Moxey
and
Parliamentary Registrar et al
Appearances:

Mr. Charles Barnwell for the plaintiff.

Mr. Arlington Butler for the defendants.

Elections - Whether register used for by—elections was not the proper one — Constitution of the Bahamas, Art. 40(1), Art. 69, 70(1) — Representation of the People Act, 1969, s. 23 — Finding by court that register used was one that had expired — Bye elections results declared a nullity.

Georges, C.J.
1

In this claim for damages for negligent driving the defendant elected not to lead evidence. The plaintiff's account is not challenged and I accept it.

2

She testified that on the morning of 15 April, 1983 she was driving her vehicle west along Wulff Road. There was a Honda Civic ahead of her which at one stage stopped waiting for a gap in the east bound traffic to turn right. She stopped behind the Civic. While stationary she was hit at the rear. A big yellow and black bus had run into her car.

3

Her husband who was in the car with her got out and spoke to the driver of the bus. She was dazed by the impact and remained in the car. Her husband returned and told her to continue. She complained that she was hurt and would like the police called. Her husband told her that it had been arranged that Mr. Albury would call at the bar which he ran later that day so that there was no need to call the police.

4

Arrangements were in fact made for the repair of the car but no steps were taken in relation to any injuries the plaintiff may have received. The driver of the bus was, it would appear, of the impression that the plaintiff's husband had been the driver and sole occupant of the car when the accident occurred.

5

The defendant was plainly negligent in driving the bus into the rear of the car which the plaintiff was driving when that car was at a standstill as a result of traffic conditions.

6

As particulars of injury the plaintiff pleaded:

  • “(i) Muscular injury to neck and shoulders.

  • (ii) Severe Muscular injury to lower back and cacral (sic) regions.”

7

In her evidence, however, she stated categorically that her accident in April, 1983, had not caused her to complain of shoulder pains. Her neck problems had arisen from an accident in which she had been involved the year before and the effects of which she no longer felt. The particulars had been taken from a report prepared by Dr. Johnson. He had also treated her after the first accident and she was of the view that the doctor had rolled both cases into one. Her 1982 accident had caused no back pains and her 1983 accident had not caused neck and shoulder pains.

8

It is, however, established that the plaintiff did suffer injuries as a result of her accident. Dr. Chutkan, a consultant Orthopaedic surgeon, saw her on 19 April, 1983 and found her to be suffering from “tenderness and limitation of the cervical and lumbar spine”. There was also “pain on flexion of the (R) hip”. He last saw her on 31 May, 1983 at which time she was much improved but was still having some symptoms. In his opinion “these symptoms should gradually settle over the next four weeks”.

9

Dr. Johnson saw her on 12 May, 1983. She complained of pain in the neck and shoulders and in the upper .and lower back. There was evidence of...

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