The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

A SUPREME Court ruling has awarded more than $64,000 in damages to a Bahamian auto business after a garbage truck crashed into its property, destroying part of its operations and halting work for weeks.

Assistant Registrar Akeira Martin ordered that Auto H & L Limited be paid $64,036.41 in special damages following an assessment of damages hearing conducted in the absence of the defendants, who failed to participate in the proceedings despite being served through multiple methods.

The case stems from a July 2, 2021, crash in which a 2005 Mack International garbage truck, driven by Alfredo Richards, struck the south-eastern corner of the company’s property on Woodstock Road around noon. The truck was owned by Anthony Stubbs, who did business as RDA.

According to the court’s findings, the vehicle was being driven negligently when Richards lost control and crashed into the premises, damaging a fence, a storage and mechanic building, three vehicles, and various tools and materials.

A Royal Bahamas Police Force accident report later charged Richards with driving without due care and attention and operating an uninsured vehicle. Stubbs was charged with permitting the use of an uninsured vehicle.

Auto H & L, a used car dealership and auto parts retailer, launched legal action in October 2021 seeking more than $86,000 in special damages, arguing that Richards’ negligence caused the losses and that Stubbs was vicariously liable as the vehicle’s owner.

Default judgments were entered against both defendants after they failed to appear in court. The company later applied for damages to be assessed. The court granted permission for substituted service, including publication in The Tribune and The Nassau Guardian, after difficulties locating Stubbs.

Despite these steps, neither defendant took part in the assessment hearing. The court proceeded on the basis that they had been properly notified but chose not to defend the claim.

In analysing the case, the court found that Richards breached his duty of care as a driver. The ruling said the crash and resulting damage were caused by negligent driving, including failure to properly control the vehicle and operate it with due care and attention.

The court also found that Stubbs was vicariously liable. It accepted evidence that Richards was acting in the course of his employment at the time of the crash, noting the incident occurred around midday and that Stubbs had permitted him to drive the uninsured truck.

The ruling emphasised that drivers owe a duty of care not only to other road users but also to persons and property in the vicinity, and that it was foreseeable that a large vehicle crashing in this manner would cause damage.

No general damages were awarded, as there were no physical injuries. Instead, the court focused on special damages, which covered out-of-pocket expenses and loss of income that had to be specifically proved.

The company presented evidence through an affidavit from one of its proprietors, detailing the costs incurred to repair the damage and restore operations. This included reconstruction of a storage and mechanic building, replacement of fencing, electrical work, security services during the rebuilding period, and repairs to vehicles and equipment.

The court accepted most of the claimed expenses but reduced some amounts after reviewing receipts and supporting evidence. For example, the claim for work by Terranova Construction Company was reduced from $43,102.15 to $40,408.66, and the amount for construction materials and a vacuum was reduced from $338.75 to $110.82.

The court also awarded $6,400 for loss of income after finding that the company’s mechanic was unable to work for two months due to the damage.

In total, the court awarded $64,036.41 in special damages.

In addition, post-judgment interest was granted at the statutory rate of 6.25 percent under the Civil Procedure (Award of Interest) Act.

Costs were also awarded to the claimant in the fixed sum of $3,500.