JUTC to pay nearly $6 million to engineer injured in bus crash

The Jamaica Urban Transit Company (JUTC) is to pay $5.8 million to a motorcyclist who was hit and injured by one of its buses in 2018.

Romarne Buddington, a 27-year-old engineer, was riding his motorcycle along the Port Royal main road on November 14, 2018, when a bus driven by Winston Allison swerved into his path and caused him to fall from the bike. 

He filed a negligence claim in 2019 and on May 17 this year, Justice  Andrea Thomas handed down judgment in his favour.

The JUTC and Allison, who were first and second defendants blamed Buddington for causing the accident by riding into the path of the bus while negotiating a corner.

But Buddington asserted that he was not speeding and was adamant during his evidence that he did not cause the collision because he was travelling about 35-40 kilometres per hour in his correct lane.

He argued that it was the bus which was travelling in the opposite direction encroached on his side of the road.

Allison who was the driver of the bus had testified that he saw the motorcycle coming fast and wide around the bend and to avoid a head on collision with the biker, he veered left. He said the biker slammed into the front section of the right side of the bus.

A passenger on the bus Erica Young, and Dennis Bogle, an accident investigator for the JUTC, gave evidence for the state-owned company. 

Justice Thomas was not convinced by the JUTC's defence, noting that the company's case had unexplained discrepancies and inconsistencies.

She said the driver was evasive, unreliable and unconvincing.

The judge said the investigator's evidence was supportive of Buddington's account of the accident. The passenger's evidence, she said, was unreliable. 

“I find that Buddington had proven on a balance of probabilities that the collision was caused by Allison driving the bus on Buddington's side of the road when it was not safe to do so,” the judge concluded. 

The medical evidence revealed that Buddington was admitted to hospital for 12 days, and suffered lacerations and fracture to his right forearm.

The judge said from the medical evidence, Buddington was still having problems moving his hands freely and was still, unable to make a full fist, had difficulty lifting objects, still experiencing shocking sensation in his right hand and unable to write and exercise as he was accustomed to doing.

Buddington was awarded $5.7 million in general damages for pain and suffering and loss of amenities.

Interest was awarded on the amount at the rate of three percent from November 21, 2019, to the date of payment.

Special damages in the sum of $156,440 with interest at three percent from November 14, 2018 to the date of payment was awarded to the claimant.

Buddington was represented by attorneys-at-law Christine Mae Hudson and Judaska Shaw instructed by K Churchill Neita and Co.

Attorneys-at-Law Allison-Gaye Bryan and Latoya Kelly instructed by Kimberlee Dibson represented the defendants.

- Barbara Gayle

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