According to a Writ of Summons filed in the Grand Court on November 17, 2023, the driver of a Chevrolet Avero (the “Plaintiff”) is suing the driver of a Mercedes Benz (the “Defendant”) for personal injury, loss and damage suffered as a result of alleged negligence.
The background of the claim is set out in the Summons as follows:
On 23rd November 2020, the Plaintiff was driving along Shedden Road with the Defendant travelling behind her in the same direction.
In the vicinity of Archies Bar, the Plaintiff came to a stop in a queue of traffic, the Defendant failed to stop causing a collision with the rear of the Plaintiff’s vehicle and pushing her into the vehicle ahead.
Regarding this, the Summons alleged that “The accident was caused by the negligence of the Defendant.”
The Summons added:
Following the accident, she was taken to George Town Hospital by ambulance for treatment.
She was assessed as having sustained injuries to the right of her neck and back, she underwent x-rays and was provided pain medication.
She reattended the following week with continued pain to the right neck and swelling of the clavicle along with headaches. She underwent further imaging and was provided with further medication and a sick note.
The Summons continued:
She thereafter followed up with her GP, Dr Arminan at the Celimar Clinic in early 2021 with continued pain in her neck and shoulder and experiencing headaches.
She underwent physiotherapy at the Da Vinci Centre in March 2021.
She underwent further radiology in Honduras as she continued to suffer pain.
She attended Health City Cayman Islands in early 2022 as the pain to her shoulder and collar bone continued to get worse.
The Summons explained further:
A second opinion was requested and thus she attended Cayman Orthopaedic commencing February 2023.
She was noted to have deformity and instability over the sternoclavicular joint, with pain and reduced range of motion.
She remains under the care of her physicians and in need of further treatment. She is currently unable to work due to her injuries.
The Plaintiff now requests the Court to award general and special damages to her, “including but not limited to claims for loss of income, medical treatment, travel, equipment and gratuitous care.”
The Plaintiff said these damages should be paid because the Defendant was allegedly negligent in the following ways:
The Defendant was negligent in that she:
a) failed to keep any or any proper look out;
b) failed to see the Plaintiff’s vehicle in time or at all;
c) failed to apply her brakes whether in time or at all;
d) failed to steer or control her vehicle so as to avoid the said collision
