Former AG gets thousands from local court

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Parent Category: Sept 2011

Category: Week ending Sept 30th, 2011

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Former Attorney General James Bristol has been awarded in excess of EC$300, 000.00 by the High Court following a 2009 vehicular accident in which his luxury Lotus vehicle was smashed up.

 The award by high court judge, Justice Margaret Price-Findlay, follows a vehicular accident between Bristol and Andre Bernard on the morning of April 2009, on the Grand Anse Valley Main Road.

 Bristol was traveling from the Lance Aux Epines direction going towards the Woodlands Rum Factory, while Bernard was traveling in the opposite direction when their vehicles collided in the vicinity of Qualitek Printers.

 After hearing the case, Justice Price-Findley ruled:  “In the circumstances, I would award the Claimant (Bristol) the following sums: (a) $267,666.66 for the vehicle; (b) $17,400.00 for loss of use; (c) $600.00 for survey fee;  (d) $10.00 for police report; and (e) $46,500.00 for costs”.

 Bristol’s evidence was that on the morning of the accident, he was traveling towards the Woodlands Rum Factory on the left side of the road and had observed a Suzuki jeep ahead of Bernard who was following behind from the opposite direction.

 The former high-ranking government official said that as he approached the Suzuki jeep and came alongside it, the vehicle driven by Bernard suddenly pulled out from behind the Suzuki onto his (Bristol) side of the road and collided with his vehicle.

 Bristol testified that the Defendant’s vehicle struck the right front fender of his vehicle, climbing over the fender and along the right side of his vehicle, causing extensive damage to the vehicle ultimately resulting in the total loss of the vehicle.

 The Lotus after the impact lost the right front wheel and the steering mechanism was destroyed.

 Bernard vehemently denied that he was overtaking the Suzuki in front of him at any time along the Grand Anse Road or any other road that morning. 

 He stated that Bristol was driving at around 80 mph that morning and that there was about 20 ft. between his vehicle and the white Suzuki that was in front of him.

 He observed Bristol’s vehicle coming towards him at a high rate of speed and that it was on his side of the road.

 He said he tried to avoid the collision by pulling to his extreme left side of the road, but it was the other vehicle that collided with his.

On impact, his vehicle spun around and then hit a tree on the right side of the road.

 Justice Findlay in ruling in favour of Bristol said: “I accept that the cause of the accident was the Defendant’s (Bernard) ill-advised attempt at overtaking when it was clearly unsafe to do so.  

 “Approaching a bend on a road with many turns and attempting to overtake, especially while driving a left-hand drive vehicle, was a dangerous manoeuvre. It resulted in the collision”, she added.

 Bristol told the court that he bought an alternative vehicle that was delivered in mid-July 2009 and was claiming loss of use for 87 days at $200.00 per day.

 “The Claimant also rented a vehicle for that 87-day period, per the evidence of Phillip David. The Claimant rented a Land Rover Discovery, the closest vehicle in terms of value to the Claimant’s Lotus. This vehicle was rented for US$800.00 per week, the EC equivalent being $2,168.00 per week”, the judge said in her ruling.

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