Supreme Court
Action No. 148 of 1982
30th July, 1984
Moe, C.J.

Mr. Allan Pitts for the Plaintiff
Mr. S. Sampson for the Defendants

Assessment of damages for personal injuries - plaintiff stabbed in right eye and on right cheek by 1st defendant while being held by 2nd defendant - loss of sight in right eye - left eye affected - no evidence of effect on pecuniary prospects placed before court - general damages assessed at $18,000.00 - special damages proved, award of $531.45.

J U D G M E N T

This is an assessment of damages for personal injuries inflicted on the Plaintiff by the Defendants. The Plaintiff, a woman 21 years old at the date of the incident, 26th May 1981, met the Defendants on a street in Dangriga Town. She held on to the dress of the Defendant Hernandez saying she wanted with speak to her. The Defendant did not wish to speak with the Plaintiff and tried to pull away. The Plaintiff continued to hold on and there was a struggle between them. The second Defendant joined in and held the Plaintiff by her hair. The first Defendant stabbed at the Plaintiff with a knife. She stabbed her in her right eye and on her right cheek.

As a result of the stabs received the Plaintiff became unconscious for a brief spell. She was taken to Dangriga Hospital, attended to and transferred to the Belize City Hospital where she remained until 11th June 1981, or 16 days. She suffered severe pain in her right eye receiving treatment every three hours for some time. She has lost the sight of that eye. As a result, her left eye is now affected and she wears dark glasses. She cannot enjoy watching certain sports which she used to follow prior to her injury.

I kept in mind the several considerations set out in Cornilliac v St. Louis 7 W.I.R. 491. To arrive at a fair award for pain, suffering and loss of amenities I followed the approach adopted here of taking guidance from cases in which awards have been made for similar injury. I looked at the awards in Neal v Swift No. 45 of 1973, Belize, and Alfred v Burgos No. 215 of 1978. I had no evidence that her pecuniary prospects will be materially affected in the future as a result of the injury. I assessed general damages at $18,000.00.

The Plaintiff claimed special damage in the sum of $531.45. She satisfied the Court as to the various items pleaded and I allow that amount.

The Plaintiff to have her costs agreed or taxed.

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