MORE than $500,000 has been awarded to the mother of a 33-year-old woman who, along with her ten-year-old nephew, were killed in a 2019 road traffic accident along the Manzanilla-Mayaro Road, after the High Court found a waste disposal company and one of its drivers liable for the fatal crash.
In a judgment delivered late last month, Justice Joan Charles ruled in favour of Jennifer Meliville, the administratrix of the estate of Alisha Melissa Carrington, after finding that the accident was caused by the negligence of truck driver Kerwyn Lynch.
The claim was brought against Waste Disposal (2003) Ltd, Lynch, and Trinre Insurance Company Ltd, following the September 7, 2019, collision which resulted in Carrington’s death.
Two other children – ages four and five – who were also in the back seat of the Nissan Wingroad wagon along with ten-year-old Josiah, were injured. Carrington’s sister, Isha Onica Carrington, who was the front seat passenger was also injured.
Meliville’s case was that her daughter had been lawfully driving along the roadway when a truck, owned by the company and driven by Lynch, crossed into her lane and collided with her vehicle, forcing it off the road and causing fatal injuries.
The defendants denied liability, contending that Carrington had veered into Lynch’s lane and was herself negligent. They also argued that she was driving without a valid permit or insurance and therefore could not maintain the claim.
In rejecting the defence, Justice Charles questioned Lynch’s evidence, finding him to be “neither a credible nor a reliable witness.” The judge highlighted inconsistencies in his testimony, including contradictions between his witness statement and his oral evidence at trial.
“More importantly, Mr Lynch sought to give a new version of the accident, materially departing from his pleaded case,” the judge stated. She added that his late claim that he attempted to brake and swerve was not previously raised and undermined his credibility.
Justice Charles also found that even on Lynch’s version of events, liability was more likely to rest with him, pointing to the position of the vehicles after the collision and the nature of the impact.
She dismissed the defence’s contention that Carrington had no driver’s permit, noting that the allegation was unsupported by proper evidence.
“I am of the view that the Defendants were obliged to produce a witness from the Ministry of Works and Transport to verify this information. In the absence of such evidence, I decline to make such a finding,” she said.
The court accepted the evidence of the claimant’s witnesses, including Carrington’s sister who survived the crash and who testified that the truck was travelling at speed and in the middle of the roadway before the collision occurred.
While noting the absence of documentary proof for some claims, including employment records and receipts, the judge accepted that Carrington earned approximately $6,000 per month and contributed financially to her mother.
Using a multiplier of 15 years and deducting 50 per cent for personal expenses, the court assessed loss of future earnings at $540,000.
In addition, the court awarded $25,000 for loss of expectation of life and $5,000 in special damages for funeral expenses, along with interest and prescribed costs of $77,031.24.
Meliville was represented by attorney Anastasia Geofroy and Ravi Pheerangee, while the defendants were represented by Gregory Armorer and Lisa Singh.
