CERTIFICATE OF LEGAL EDUCATION

NORMAN MANLEY LAW SCHOOL

MONA CAMPUS
2012/2013

Candidates ID: 12/165

Title of Course: Civil Procedure and Practice I
Written Assignment No.: 1
Year: 1
Date: November 30, 2012
Course Director: Miss Tania Mott
Jurisdiction: Jamaica

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CERTIFICATE OF NEXT FRIEND

[Rule 23.2, 23.3 and 23.6]

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO.

BETWEEN

AND

SUSAN HARRIS
(by her mother and next friend Linnette Harris)

COURTIS FURNITURE STORE LIMITED

CLAIMANT

DEFENDANT

I, LINNETTE HARRIS, of 5A Riverview, Kingston 6 in the parish of Saint Andrew

hereby certify that:
1. I am the mother and next friend of Susan Harris, who is an child born on the 14 th of
December 1998 and who is desirous of commencing an action in this Honourable
Court against Courtis Furniture Store Limited a limited liability company that was
duly incorporated under the Companies Act 2004 with its registered office situated
at Lot 23 Perfect Road, Hampstead in the parish of Saint Andrew.
2. I can fairly and competently conduct proceedings on behalf of the said minor and I
have no interest adverse to that of the minor.

3. I undertake to be responsible for the costs of the said Susan Harris in these
proceedings in manner of the following namely, if the said Susan Harris fails to pay
the said Courtis Furniture Store Limited when and in such manner as the Court shall

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direct her to pay to the said Courtis Furniture Store Limited, I will forthwith pay
same to the Registrar of the Court.

I certify that I satisfy the conditions specified in Rule 23.6 of the Supreme Court
Jamaica, Civil Procedures Rules, 2002.
DATED THE

DAY OF

Signed

2012
.

LINNETTE HARRIS
(mother and next friend of Susan Harris)

Filed by GOODLUCK SOLICITOR, Attorney-at-Law of 15 Right Way, Kingston 5,

telephone number is 942-1234 and facsimile number 925-5678 for and on behalf of the
Claimant herein whose address for service is that of the said Attorney-at-Law whose
telephone number is 942-1234 and fax number 925-5678.

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12/165

CLAIM FORM_____________________________
FORM 1 [Rule 8.1(3)]

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO
BETWEEN

AND

SUSAN HARRIS
(by her mother and next friend Linnette Harris)
COURTIS FURNITURE STORE LIMITED

CLAIMANT

DEFENDANT

The Claimant, Susan Harris (by her mother and next friend Linnette Harris), a student
born on the 14th of 1998 of 5A Riverview, Kingston 6 in the parish of Saint Andrew
claims against the Defendant Company, Courtis Furniture Store a limited liability
company duly incorporated under the Companies Act 2004 and having its registered
office at Lot 23 Perfect Road, Hampstead in the parish of Saint Andrew to recover
damages for the breach of the common duty of care under section 3 of the Occupiers
Liability Act 1969 and/or for the negligence of the Defendant its servants or agents for
that on the 12th of May 2010 the Claimant lawfully entered the store of the Defendant at
Lot 23 Perfect Road, Hampstead in the parish of Saint Andrew and was in the process of
lawfully testing, for comfort and suitability, several breakfast stools that were on display
in the store by sitting on them when one of the stools on which the Claimant sat collapsed
beneath her causing the Claimant to fall on the floor and as a consequence the Claimant
sustained personal injuries, suffered loss and incurred expenses.
The mother and next friend brings the claim on behalf of the Claimant who is a minor
and pursuant to Part 23 of the Supreme Court of Jamaica, Civil Procedure Rules, 2002.
AND THE CLAIMANT CLAIMS:
a.
b.
c.
d.
e.

General damages
Special damages
Interest on damages
Cost and Attorneys Cost
Further relief or other reliefs as the Court shall think fit.
CERTIFICATE OF VALUE

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That the Claimant certifies that to best of his knowledge, information and belief the
damages claimed exceed the civil jurisdiction of the Resident Magistrates Court.
CERTIFICATE OF TRUTH
I certify that all facts set out in this Claim Form are true to the best of my knowledge,
information and belief.
Dated the

day of November 2012

Signed ..
LINNETE HARRIS
(Mother and next friend of Susan Harris)
NOTICE TO THE DEFENDANT
See the notes in form 1A served with this Claim Form.
This Claim Form must contain or have served with it either a Particulars of Claim or a
copy of a court order entitling the Claimant to serve the Claim Form without a Particulars
of Claim.
If you do not complete the form of Acknowledgment of Service served on you with this
Claim Form and deliver or send it to the registry (address below) so that it is received
within FOURTEEN days of service of the Claim Form on you, the Claimant will be
entitled to apply to have judgment entered against you. See Rules 9.2(5) and 9.3(1).
The form of Acknowledgment of Service may be completed by you or an Attorney-atLaw acting for you.
You should consider obtaining legal advice with regard to this claim.
This Claim Form has no validity if it is not served within six months of the date
below unless it is accompanied by an order extending the same. See Rule 8.14(1)

[SEAL]

The Registry is at King Street, Kingston, telephone numbers (876) 922-8300 9, fax

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12/165

(876)967-0669. The office is open between 9:00a.m. and 4:00 p.m. Mondays to
Thursdays and 9:00a.m. to 3:00p.m. on Fridays, except on Public Holidays.

Dated the

of

2012

The Claimants address for service is that of her Attorney-at-Law GOODLUCK

SOLICITOR of 15 Right Way, Kingston 5 whose telephone number is (876) 942-1234
and fax number (876) 925-5678.

Filed by GOODLUCK SOLICITOR, Attorney-at-Law of 15 Right Way, Kingston 5, for

and on behalf of the Claimant whose address for service is that of her said Attorney-atLaw.

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PARTICULARS OF CLAIM____________________

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO
BETWEEN

AND

SUSAN HARRIS
(by her mother and next friend Linnette Harris)
COURTIS FURNITURE STORE LIMITED

CLAIMANT

DEFENDANT

1. The Claimant resides at 5A Riverview, Kingston 6 in the parish of Saint Andrew

is a student, and a minor by her mother and next friend Linnette Harris who
resides also at 5A Riverview, Kingston 6 in the parish of Saint Andrew, born on
the 14th day of December 1998 at all material times was a lawful visitor in the
Defendants furniture store.
2. The Defendant, a limited liability company duly incorporated under the
Companies Act 2004 with its registered office situated at Lot 23 Perfect Road,
Hampstead in the parish of Saint Andrew, was at all material times the owner and
occupier of the store premises situated at Lot 23 Perfect Road, Hampstead in the
parish of Saint Andrew where it carried on the business of the sale of furniture.
3. That on Wednesday, the 12th of May 2010, the Claimant lawfully entered the store
as a customer for the purpose of purchasing furniture, and accordingly was at all
material times a visitor of the Defendant in the premises of the store within the
meaning of the Occupiers Liability Act 1969 and was in the process of lawfully
testing for comfort and suitability, several breakfast stools that were on display in
the store by sitting on them when one of the stools on which the Claimant sat
suddenly collapsed beneath her causing the Claimant to fall on the floor and as a
consequence the Claimant sustained personal injuries, suffered loss and incurred
expenses.
4. The accident was caused by Defendants breach of its statutory duty of care under
section 3 of the Occupiers Liability Act and/or negligence of the defendant, its
servants or agents as set out below.

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PARTICULARS OF BREACH OF STATUTORY DUTY OF CARE AND/OR

NEGLIGENCE
a. Failing to adequately inspect said stool;
b. In that it selected a stool to be displayed to its customers, patrons and
business invitees that was of improper construction, assembly and/or
inadequate strength;
c. Failing to establish procedures and/or failed to implement established
procedures for periodic inspections of the furniture on display on the
premises in particular the stools;
d. Allowing customers, patrons and business invitees to sit on an improperly
assembled, broken and/or defective stool;
e. Failing to ascertain the existence of the defective and dangerous condition
of the stool and repair or replace said stool, although proper care and
inspection of the said hazard should have been discovered and remedied;
f. Failing to warn the plaintiff as to the unreasonably hazardous condition of
said premises;
g. Failing to maintain said premises in a reasonably safe condition for those
lawfully thereon;
h. Permitting its customers, patrons, and business invitees to sit on a stool
that was of inadequate or improper construction, assembly and/or strength
for the use to which the defendant employed it;
i. In the circumstances, failing to discharge the common duty of care to the
Claimant in breach of the Act.
5. By reason of the Defendants negligence the Claimant has suffered personal
injuries, suffered loss and has incurred expenses.
DETAILS OF INJURIES TO THE CLAIMANT
6. The Claimant was born on the 14th of December 1998, was 11 years of age at the
time of the said accident and who is now aged thirteen (13) years of age, as a
result of the said accident was the Claimant was caused pain, suffering, and loss
of amenity. The Claimant will also rely, as part of her case, on the reports of Dr
Donovan Clarke, MBBS, FRACS, Consultant Orthopaedic Surgeon dated the 14th

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day of July 2012 and Dr Aggrey F. Flokes, Psychiatrist dated the 12 th day of
August, 2012 which are hereto annexed.
a.
b.
c.
d.
e.

PARTICULARS OF INJURIES
Whiplash injury to the back;
Muscle spasms;
Fracture of the right hip;
Permanent Partial Disability of 25% of the whole person;
Depression.

HOSPITAL TREATMENT
7. The Claimant was conveyed to the Kinston Public Hospital, and was hospitalized
for four of the eight months she had to stay home from school and during those
four months of hospitalization the Claimant underwent several surgeries and
physiotherapy sessions.
PARTICULARS OF SPECIAL DAMAGE
i.

Medical report of Dr Donovan Clarke

ii.

Medical report Dr Aggrey F. Flokes

iii.

Medical expenses at

$ 30, 000.00
$ 25, 000.00

hospital including surgeries and

outpatient treatment
iv.

Physiotherapy, 112 sessions @ $ 2, 500.00

v.

Psychiatric therapy, 12 sessions @ $ 5, 000.00

and continuing

vi.

$ 150, 000.00
$ 280, 000.00
$ 60, 000.00

Transportation by taxi to outpatient clinic

of the Kingston Public Hospital for physiotherapy,
112 trips @ $ 2, 500.00 per round trip

vii.

$ 280, 000.00

Transportation by taxi to Psychiatric Therapy

sessions and continuing, 12 trips @ $ 1, 500.00 per
round trip

viii. Transportation by taxi to Orthopaedic surgeon

TOTAL

$ 18, 000.00
$ 6,000.00
$ 849,000.00

The cost of caring for the Claimant continues and the Claimant will refer to additional
expenses incurred and future expenses.

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DETAILS OF BASIS OF THE CLAIM FOR INTERST

8. The Claimant has incurred expenses which she will not recover from the
Defendant or otherwise until the Judgment in this matter is satisfied. In the
circumstances the Claimant has been denied the use of the sums since the date of
such loss occurred, whereas the Defendant has enjoyed the use of the same
throughout that period.
9. The Claimant claims interest on such damages as may be awarded to the Claimant
at such rate and for such period as the court may deem fit pursuant to the Law
Reform (Miscellaneous Provision) Act 1955.
AND THE CLAIMANT CLAIMS:
a. Damages
b. Special Damages
c. Interest
d. Cost and Attorneys Cost
e. Further and other relief as the court shall see fit.

CERTIFICATE OF TRUTH
I certify that all facts set out in this Claim Form are true to the best of my knowledge,
information and belief.
Dated the

day of

2012

Signed
LINNETE HARRIS
(Mother and next friend of Susan Harris)

Filed by GOODLUCK SOLICITOR, Attorney-at-Law of 15 Right Way, Kingston 5,

telephone number is 942-1234 and facsimile number 925-5678 for and on behalf of the
Claimant herein whose address for service is that of the said Attorney-at-Law whose
telephone number is 942-1234 and fax number 925-5678.

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