According to a Writ of Summons dated today, March 26, 2024, a 51-year-old woman with a Shedden Road address is suing the driver of a Honda Fit for damages for injuries caused when the Honda Fit driver allegedly struck her from behind while she was crossing the road using a pedestrian crossing.
Based on the claim, on or about May 31, 2021, the woman “was traveling north on Edward Street on the east end of the pedestrian crossing, near the vicinity of the Cayman Islands Post Office.”
The Honda driver was also travelling north along Edward Street in the right-hand lane when he allegedly struck the woman from behind as she was walking towards the centre median.
The woman allegedly suffered severe injuries and was transported by an ambulance to the hospital.
The alleged injuries include loss of consciousness, multiple fractures to the left rib, punctured left lung, tendinitis in the left shoulder, injury to the left pectoralis major, bruises to the left body, left knee, and left big toe and multiple lacerations to the head, face and body. She also experienced or continues to experience chest pain, shoulder pain, knee pain, anxiety and flashbacks.
The claim alleged that, “As a result of the injuries sustained, she was unable to work for an extensive period [as a domestic helper] and has since been incapable of working at the same capacity due to her injuries.”
Therefore, the woman allegedly suffered the loss of income and “has and continues to incur medical expenses and other expenses and losses as a result of the collision.”
According to the claim, these injuries and losses were allegedly a result of the Honda Fit driver’s “negligence and/or breach of statutory duty under Sections 67 and 68 of the Traffic Act (2023 Revision),” including, but not limited to, failing to give way to a pedestrian, failing to see the pedestrian in time or at all, failure to drive at a speed and in a manner so as to be able to stop in an emergency without being involved in a collision, failing to apply his brakes whether in time or at all, failing to stop, failing to slow down, failing to swerve or do anything to manage or control his vehicle so as to avoid the collision, failing to exercise due care and attention when using the road, failing to have due regard to the safety of other road users and acting recklessly with disregard for the safety of others.”
The woman is now asking the Court to award general damages, special damages, pre-and post-judgment interest on damages, and costs.
Note to readers: The foregoing is a description of allegations only. An allegation is an assertion made by a party in legal proceedings that is still to be proven. It is a matter for the Court to hear from all parties and reach a decision based on the facts.
