The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

THE Privy Council has ordered a local car rental company and a dead man’s estate to pay another man over $600,000 in damages for future loss as a result of a car accident that killed the deceased on a Family Island some six years ago.

The London-based tribunal ordered that Harry Pinder be awarded $650,043.21 as a result of the February 4, 2013 accident on Eleuthera that claimed the life of Walter Boname, who was driving a car he rented from Cadet’s Car Rentals.

In doing so, the Privy Council effectively doubled former Chief Justice Sir Michael Barnett’s original award of $380,000, while simultaneously shooting down the Court of Appeal’s decision to reduce it to $90,000.

And the Privy Council stated that the court’s reason for interfering with the calculation of damages owed to Mr Pinder was because both Sir Michael and the Court of Appeal “made an entirely erroneous estimate of the appropriate level of damages.”

According to the ruling, on the date in question, Mr Pinder was involved in a road accident on Eleuthera in which the car he drove collided with a car driven by Mr Boname, which was rented from Cadet’s Car Rentals.

Mr Boname died as a result of the injuries, while Mr Pinder suffered serious injuries, namely a fractured dislocation of his right hip joint; an open fracture dislocation of the left big toe; a deep laceration of the right heel; multiple abrasions and lacerations of the left thumb, knees, legs and abdomen, and a broken tooth.

Mr Pinder had one surgery and was in hospital for five days.

At the time of the accident, Mr Pinder worked as a mason with Terrance Sands, and made a salary of $520 per week. Mr Pinder also worked on weekends with Rainbow Bay, earning $250 per week from that venture, earning $770 per week in total.

Mr Pinder was employed with Mr Sands up to February 1, 2014, but had lost his job with Rainbow Bay since December 2013, some 10 months after the accident.

Mr Pinder brought legal proceedings in the Supreme Court against Mr Boname’s estate and Cadet’s Car Rentals claiming damages in negligence for personal injury and consequential loss. When the case came to trial, liability was not an issue but there remained a dispute as to the assessment of damages. According to a Court of Appeal ruling on the matter, Cadet’s Car Rentals and Mr Boname’s estate admitted liability for the accident.

During trial, Sir Michael found that Mr Pinder, while able to work, could no longer work as a mason as a result of the accident. Sir Michael further accepted the opinion of a doctor that employment as a fisherman was not an option open to Mr Pinder, and decided on the evidence from Mr Pinder’s camp that $400 a week was all he was likely to earn in the future due to his location on a Family Island, his physical condition and his lack of formal education. Mr Pinder only had a high school education.

Sir Michael concluded that as a result of the accident, Mr Pinder had suffered a weekly loss of income of about $370 which translated into a loss of future income of about $20,000 per year.

He ultimately awarded Mr Pinder $614,752.86, which comprised awards for past loss of earnings; future loss of earnings; future medical expenses; pain and suffering and loss of amenity. According to the Court of Appeal ruling on the matter, the parties reached a settlement on Mr Pinder’s claim for past loss of earnings.

Concerning Mr Pinder’s claims for future loss of earnings, the Privy Council said Sir Michael made an award of $380,000.

However, the Court of Appeal ultimately quashed the award of $380,000 and substituted an award for loss of future earnings of $93,238.96.

Mr Pinder subsequently appealed this decision to the London-based Privy Council.

In his notice of appeal, Mr Pinder request the Court of Appeal’s order be set aside and Sir Michael’s order restored.

The Privy Council allowed Mr Pinder’s appeal, quashed the Court of Appeal’s award of $93,238.96 and substituted an award of $650,043.21 for future loss of earnings.