Visitor picks up massive damages award after accident
A tourist has received almost $140,000 in damages for injuries suffered in a head-on collision with a car in 1992.
British visitor David Mcleod sued Bermudian Darren Smith in the Supreme Court and was this month awarded $138,995.90 by Assistant Justice Philip Storr.
The award includes $95,000 for general damages, mainly for the debilitating injuries Mr. Mcleod suffered to his arm.
Around 2.30 a.m. on August 30, 1992, Smith, 35, was overtaking several other cars at high speed while travelling westward on South Road, Paget.
He collided with the college student and aspiring golf pro, who was riding a livery cycle in the eastbound lane.
Mr. Mcleod was represented by lawyer Kieron Unwin and Smith was represented by John Cooper.
It is not known what criminal or traffic charges Smith faced in the early 1990s as a result of the accident.
Mr. Justice Storr heard Mr. Mcleod, 25, and now a computer industry worker, cannot use his right arm, even for writing.
Smith was found to be completely negligent by Mr. Justice Storr who rejected claims Mr. Mcleod contributed to the accident by being under the influence of alcohol.
The judge said no evidence was given on whether Mr. Mcleod's driving was "adversely affected'' by the alcohol, which he admitted having between four and a half hours before the incident.
In addition, it was found that Mr. Mcleod could not have avoided the crash.
But there was no way of telling whether or not he was riding with lights. The light switch was on after the accident, but the light was smashed.
"I did not find the defendant to be a frank and honest witness and where his account differed from (off-duty eyewitness) Sgt. Griffith, I preferred the evidence of the Police sergeant,'' Mr. Justice Storr wrote.
He accepted that Mr. Mcleod would be at a disadvantage when seeking future employment, but granted $31,870 to reflect six months loss of earnings, which includes two years loss of earnings from part-time work while he was in school.
"The plaintiff impressed me as a very determined young man and I believe that he has the skills to obtain suitable employment,'' Mr. Justice Storr wrote.
Mr. Mcleod also received "special damages'', including compensation for his mother's travel costs from the UK, money for the helmet, and the lock and key to the cycle.
He will also receive interest of 3.5 percent on the special damages for the seven years from the incident.