British Virgin Islands

Wednesday, Apr 14, 2021

Jogger Involved In Purcell Accident Awarded $$

Jogger Involved In Purcell Accident Awarded $$

High Court Judge Master Ricardo Sandcroft recently awarded a jogger more than $16,000 in damages after a vehicle collided with her in the Purcell Estate area in 2016.
According to the judgement, Stacy-Ann Wynter, the defendant was ordered to pay Hermione Rose Williams, the claimant, special damages for medical and other related expenses in the sum of $1,132.00, interest on special damages at a rate of 3% per annum from 19th July 2019 and general damages for pain, suffering and loss of amenities in the sum of $15,000.00.

The court also ordered that interest on general damages at a rate of 5% per annum from the date of the delivery of the judgment.

Notably, no award was made for Psychiatric Illness or nervous shock by the claimant despite having flashbacks of the accident and being unable to resume jogging some nine months later.

The court document stated that on February 19, 2019, the claimant filed for damages for personal injury and on the 14th of September 2019, judgment in default of defence was entered against the defendant and in favour of the claimant for damages to be assessed.

The incident occurred on February 12, 2016 at approximately 8.30 am when the claimant was jogging in the vicinity of the Port Purcell Roundabout in Road Town, Tortola. During that time, a vehicle driven by the defendant collided with Williams causing her to suffer certain injuries.

As such, the matter proceeded to court, where a claim for negligence was filed by Williams against Wynter.
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