Barbara Gayle, Staff ReporterTHE COURT of Appeal has thrown out an appeal by a minibus operator who sought to upgrade a partial payment of $100,000 to an accident victim in 1990 to its value of $621,000 in April 1997 based on the Consumer Price Index.
Audrey Wilson had appealed a Supreme Court order to pay Lloyd Robinson $650,000 in damages for pain and suffering and loss of amenities as a result of injuries he suffered in a motor vehicle accident. Robinson was travelling in a minibus owned by Wilson when it collided with a truck on January 24, 1986. Denham Dodd was also named as a defendant.
Robinson filed a suit in the Supreme Court on July 6, 1987. After several adjournments, assessment of damages took place on March 6, 1997. Mr. Justice Karl Harrison delivered judgment on April 16, 1997. In addition to the $650,000, Robinson was awarded $20,000 for handicap on the labour market. Interest was awarded at three per cent from 1987 to the date of the award. Special damages was assessed at $187.
Wilson appealed on the ground that because of the inordinate delay, particularly by Robinson in having the matter heard, interest should not have been awarded for the entire period to April 1997. Wilson contended that the trial judge was not informed at the time of assessment that $100,000 was paid to Robinson as partial settlement. She asked the court to upgrade the $100,000 to its value in April 1997, using the Consumer Price Index. Attorney-at-law Nancy Anderson who represented Wilson argued that the $100,000 was equivalent to $621,312.46 in 1997, using the consumer price index. She said the amount should be deducted from the $670,000 awarded to Robinson, leaving a balance of $48,687.54. Alternatively, she asked the court to apply the payment of $100,000, to the treasury bill interest rate used which would amount to $200,000 which should be deducted from the $670,000.
Mr. Justice Henderson Downer, Mr. Justice Paul Harrison and Mr. Justice Seymour Panton heard the appeal and held that "to accede to the appellant's request would be unjust and irrational and would present a windfall to the appellant (Wilson) who sat on his rights." The court said that at any time during the period 1990 to 1997, the appellant could have applied to the court to have the assessment struck out for an order to proceed, failing which it would be deemed struck out.
The court, in allowing the appeal in part, set aside the interest of three per cent on the $20,000 award for handicap on the labour market because it was an award of future payment.
Dodd was represented by attorney-at-law Tana'ania Small.
