Heavy-duty payout

The Supreme Court has ordered Jamaica North South Highway Company Limited and China Harbour Engineering Company Limited to pay heavy-duty truck driver Leon Mais $4,100,829.23 in damages, after finding them negligent in relation to a 2015 crash on the North-South Highway.

Justice Andrea Thomas ruled that the defendants breached their duty of care by abruptly altering the direction of the roadway during construction without providing adequate warning, lighting, or sufficient space to safely accommodate heavy goods vehicles. The court found that this failure directly caused Mais’ truck to overturn.

“I find that the accident was caused by the failure on the part of the defendants to ensure that the measures they put in place, while carrying out construction on the highway functioned effectively,” the judge said in her published judgment.

She further ruled that the defendants failed to establish any contributory negligence on the part of Mais.

Evidence of loss

Thomas noted that Mais had produced evidence of loss and damage, including loss of cement, loss of earnings, repair costs, and assessors’ fees, and had proven on a balance of probabilities that the defendants breached their duty of care.

He was awarded damages to cover his losses, with interest at three per cent from the date of the accident to October this year.

The accident occurred in the early hours of December 22, 2015, along the Ocho Rios leg of the North-South Highway near the Mount Rosser Bypass.

Mais, an experienced truck driver, was transporting 900 bags of cement to Montego Bay.

In his evidence, Mais said he was familiar with the route and had driven it days earlier, when yellow traffic drums directed vehicles to remain in the right lane. On the night of the accident, however, the drums had been repositioned to divert traffic into the left lane.

He told the court that the area was dark and unlit, with no streetlights, and visibility was further reduced by thick fog. As a result, he reduced his speed to between 25 and 30 kilometres per hour. While following the line of drums, he was suddenly confronted with a blockage in the roadway.

Mais testified that “a flagman suddenly appeared in front of the truck” and began signalling him to make another turn to avoid the obstruction.

However, the turn was too narrow and sharp for his fully laden truck, and he was unable to stop in time because of the weight of the vehicle. The trailer subsequently overturned.

The defendants admitted that construction work was under way but argued that appropriate signage and safety measures were in place. They claimed the accident resulted from Mais’ failure to exercise due care, alleging he was driving too fast and relied on an assumption that the layout of the highway remained the same as on his last trip.

Thomas rejected those arguments, finding no evidence to contradict Mais’ account of his speed, which she deemed reasonable in the conditions. She also accepted that the blockage and flagman appeared too late to allow safe braking or manoeuvring. The judge criticised the placement of the flagman directly at the obstruction, rather than at a distance sufficient to allow heavy vehicles adequate stopping time.

Significantly, the court relied on evidence from the defendants’ own witness, who admitted that another truck had also failed to negotiate the same hazard. Justice Thomas concluded that the road configuration was inherently dangerous and that Mais could not be faulted for attempting the only option presented to him.

Mais was represented by attorney Jacqueline Cummings, instructed by Archer Cummings and Co, while the companies were represented by Charrie Harris and Romae Quarrie,, instructed by Caribbean Legal Suite.

tanesha.mundle@gleanerjm.com