DORIS BROWN VS GREENIE NII ODOI & ANOR

1. INTRODUCTION[I] The 1st Defendant predeceased the hearing of this matter, and so the trial proceeded against only the 2nd Defendant herein, said to be a limited liability company.

The Plaintiff herein originally however instituted this action against the two Defendants above named.

2. FACTS OF THE PLAINTIFF’S CASE[ii] Per the Plaintiff’s claims as endorsed on the writ of summons (and as amended subsequently) she sought the following reliefs: a) Gh¢2, 000. 00 as special damages.

b) Gh¢32, 000. 00 being the replacement cost of the vehicle.

c) General damages for negligence.

d) The replacement cost of the vehicle or in the alternative the current market value of the vehicle.

e) Interest. f) Costs. [iii] In the supporting amended statement of claim, the Plaintiff contended that she owned and was in charge of a Toyota Rav 4 saloon car with registration no. ER 190 V, when on the 14th day of August 2010 at about 4: 30 pm the 1st Defendant, driving Mercedes Benz saloon car with registration no. GR 975 U negligently drove into the Plaintiff’s vehicle. [iv] According to the Plaintiff, she was driving from the Tema Motorway near Klagon – Adjei Kojo to Accra, when the 1st Defendant, driving the above car and which said vehicle was later found to belong to 2nd Defendant limited liability company negligently drove into the Plaintiff’s vehicle, causing grievous body harm and injury to the Plaintiff and substantial damage to the Plaintiff’s vehicle.

The Plaintiff listed the injuries caused to her person as follows: A: PARTICULARS OF INJURY SUSTAINED BY THE PLAINTIFF a. Abrasion on the forehead.

b. Abrasion of the upper lip.

c. Musculosketal pain, facial abrasion.

d. Severe bruises.

e. Severe internal bleeding.

f. Severe facial bruises.

g. Inability to walk and difficulty in breathing.

The particulars of the damage to the Plaintiff’s car were also set out thus by the Plaintiff: B. PARTICULARS OF DAMAGE TO CAR NO. ER 190 V a. Front windshield smashed, Bonnet dented, front bumper torn, both suspension members destroyed.

b. Offside front tyre/rim destroyed offside front fender destroyed offside rear view mirror destroyed.

c. Offside front door buckled, offside rear fender rammed, both rear suspension members destroyed and offside rear tyre/rim destroyed.

d. Vehicle damaged beyond economic repairs. [v] The Plaintiff added that the 1st Defendant drove negligently and without attention and due regard for other road users, thereby causing harm to t