Douglas, Delroy V Headley, Barbara.pdf

Delroy Douglas, the claimant, was cycling on Beechwood Avenue when a grey motor vehicle suddenly turned into his path, causing a collision that resulted in a fractured right tibia fibula. The driver, described as a male person of dark complexion, drove off without assisting Douglas. Douglas's witness, Paul Britton, wrote down the license plate number of the vehicle, "6376EJ", and described it as a Suzuki model. Douglas claims that the vehicle belonged to Barbara Headley, the defendant, and that she is liable for the actions of her permitted driver. The court must determine whether the defendant's motor vehicle was involved in the collision, whether the defendant was the master or principal of the driver, and the extent of the damages sought. The defendant denies any involvement in the collision and liability. The court accepts Douglas's evidence of the collision and his injuries but must consider the issue of vicarious liability, as the defendant was not the driver. The court analyzes the relationships of master/servant and principal/agent, and the principles of vicarious liability, to determine whether the defendant can be held liable for the driver's negligence.