By DENISE MAYCOCK
Tribune Freeport Reporter
dmaycock@tribunemedia.net
A MOTHER of five who died in a fiery car crash on the Grand Bahama Highway in January 2011 was found to have contributed to the accident that claimed her life, affecting the amount of damages those connected to her death had to pay.
In a civil action filed on behalf of the children of deceased Jacinda Jasmine Colebrooke, Supreme Court Chief Justice Sir Ian Winder was satisfied that the defendants, Peter Corey Bowe and Gold Rock Corp, succeeded in their pleaded defence of contributory negligence.
Sir Ian assessed Colebrook’s contributory negligence at 75 percent, and the defendant’s contribution to the cause of the accident at 25 percent.
Based on the evidence, he said Colebrook failed to take “ordinary care of herself”.
On January 12, 2011, a collision occurred in the eastbound carriageway of the Grand Bahama Highway, involving a 1998 Jeep Grand Cherokee driven by Colebrook, but owned by Maurice Noel, who was a passenger in the vehicle, and a 1999 Ford Expedition driven by Bowe but owned by the Gold Rock Corp. Both vehicles caught fire on impact.
The burnt remains of Colebrook and Noel were found in the vehicle following the accident.
The claimant, Cheerene Green, Colebrook’s mother, brought a civil action as the administratrix of Colebrook’s estate and on behalf of Colebrook’s dependents against Mr Bowe, the first defendant and Gold Rock Corp, the second defendants.
The defendants denied liability on the basis that Colebrook was responsible for the accident.
According to evidence, sometime between 9pm and 10pm, Bowe was driving a white 1999 Ford Expedition License plate No GB5574 to the Gold Rock Corp premises on GB Highway to check the security guard.
At the time of the accident, Bowe was heading east in the right/southern lane of the eastbound carriageway of the highway with his low beams on at a speed of at least 40 to 42 miles per hour, within the 45 mile per hour speed limit.
It was at night, and the road was dark and poorly lit. There were no street lights to light the roadway, which was not heavily travelled by vehicles, and there was no traffic near Bowe when the accident happened. The weather conditions were fair; the road was dry, and there was no fog or mist.
At about 10.12pm, Bowe was about 800 feet from the Gold Rock Corp when he glimpsed a red reflector on the rear of a vehicle. He turned on the high beams and saw Noel’s vehicle, a white 1998 Jeep Grand Cherokee, in his lane. He realized it was stationary seconds before the impact, colliding into the rear of Ms Colebrook’s Jeep.
Mr Bowe’s vehicle travelled some distance forward and collided with a pine tree in the centre median of the GB Highway. Colebrook’s Jeep came to rest in the centre of the eastbound lane facing southeast.
Mr Bowe did not apply brakes or take any steps to avoid hitting the Jeep, such as by swerving into the available left lane, which was unoccupied at the time of the accident.
Sir Ian said, taking into account the speed at which he was travelling, Bowe could not have come to a complete stop by applying brakes between the periods when he noticed Colebrook’s vehicle and collided with it.
Ms Colebrook was employed by the Ministry of Education as a janitress at the Maurice Moore Primary School. Her five children were ages 20, 16, 13, 11, and nine at the time of the accident and her subsequent demise.
Sir Ian found that Bowe was negligent in failing to keep any proper lookout, in failing to see Colebrooke’s vehicle in sufficient time to avoid the accident, in failing to stop or swerve to avoid the accident and in failing to exercise due care and attention to avoid the accident.
Mr Bowe suffered only minor lacerations and bruising on his forehead. He was discharged from the hospital the same day as the accident.
Sir Ian found that Colebrook allowed or caused the Cherokee Jeep to be parked stationary in the right/southern lane of the roadway of the GB Highway; and drove or parked or allowed or caused the Cherokee Jeep to be stationary or near stationary in the road at night time in a section of the highway where there were no street lights or business to light the road.
Colebrook also failed to use the vehicle’s hazard light indicators or take any other steps to warn or alert other motorists of the presence of the Cherokee, which was stationary or near stationary on the highway.
He also found that the deceased negligently and willfully prevented, hindered or interrupted the free passage of other traffic, in particular, Mr Bowe; failed to exercise due care and attention; and failed to take any reasonable and/orprecautions to prevent Bowe from colliding into the Cherokee.
Counsel for the claimant submitted a claim for an award of $357,093.60. Based on contributory negligence assessed to Colebrook at 75 percent, the damages awarded to the plaintiffs were $16,380
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