Jamaica: Man hit by car while crossing street awarded $3.5 million in damages

By Jamaica Gleaner

(JAMAICA GLEANER) – Forty-year-old custom broker clerk and manager Bryan Foster has been awarded $3.5 million in damages against Vanguard Security Company arising from a motor vehicle accident at a pedestrian crossing.

Foster and other pedestrians were walking along the crossing in the vicinity of York Plaza in Half Way Tree on July 7, 2012, when a motor vehicle owned by the security company struck him and seriously injured his left leg.

The injury has left Foster with permanent scarring along with a deformity to his left leg.

Attorney-at-law Treshia Griffiths filed a negligence claim in the Supreme Court on Foster’s behalf and contended that the driver had disobeyed the traffic light and failed to have any regard for him and other pedestrians who
were crossing the street.

Vanguard Security had opposed the claim and contended that the traffic light was on green and Foster and other pedestrians had disobeyed the traffic light.

The company also denied that it’s motor vehicle injured Foster’s leg.

During the trial, Vanguard’s witness denied the presence of a pedestrian crossing and walk sign in the vicinity of York Plaza.

Attorney-at-law Hugh Wildman, who appeared with Griffiths, made an application for rebuttal evidence to be called.

Former senior superintendent of police Radcliffe Lewis, who was in charge of the police traffic division, said there was, in fact, a pedestrian crossing at the location and made a call for motorists to be on the alert and focused when approaching pedestrian crossings.

Lewis stressed that motorists are duty bound to allow pedestrians to complete their crossing.

Justice Cresencia Brown-Beckford found that the walk sign, which was present at the time of the accident, had indicated to Foster that he could cross the street.

The judge further found that the Vanguard’s van hit Foster when he was completing the crossing of the street.

She also found that Vanguard’s driver moved off at a speed which was negligent and pedestrians had to run out of the way.

It was also the court’s finding that Foster exercised extreme care in crossing the street and it was Vanguard’s motor vehicle which ran over his leg.

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