(CMR) A man who was injured in a motor vehicle accident along Eastern Avenue in 2021 has filed a writ of summons against the driver of the car, which reportedly caused the crash.
On or about 1 October 2021 at approximately 8:00 pm, Collington Stewart (then 44 years old) was driving a Honda Fit westbound along Eastern Avenue, George Town, when his car was hit by a Toyota Liteace driven by Michael Kirlew.
According to the court document, Kirlew (the Defendant) made a right-hand turn and crossed into Stewart’s lane of westbound traffic while attempting to exit Reflections Liquor Store on Eastern Avenue.
Despite Stewart's efforts to avoid a collision, he was unable to do so, and Kirlew collided with the front right bumper and quarter panel of his vehicle, causing damage.
As a result of the collision, Stewart had to be transported by ambulance to the George Town Hospital.
Stewart suffered multiple injuries as a result of the collision and continues to suffer as a result of the injuries sustained. The injuries include a head injury, soft tissue injury to his right elbow ligament, pain in his right elbow radiating down the arm, weakness to his right arm, reduced grip strength in his right hand, and pain and stiffness in his lower back.
He continues to suffer from several of the above injuries and is impacted by them on a daily basis. At the time of the collision, the Plaintiff was employed as a fleet analyst and mechanic for the Cayman Islands Government. He was unable to work for an extended period of time and has since been incapable of working at the same capacity due to his injuries. The Plaintiff has suffered a past and future loss of income and earning capacity.
Stewart has suffered loss and damage due to the Defendant’s negligence and breach of duty; as a result, he is suing for general and special damages.
According to the court document, Kirlew is negligent and guilty of breaching his statutory duties by attempting to make a turn when it was unsafe to do so, failing to give the right of way to all approaching vehicles before making a right-hand turn, and failing to drive in such a manner as to have full control of the vehicle at all times.
He is also accused of failing to drive at a speed and in a manner and at a distance from other vehicles as to be able to stop in an emergency without being involved in a collision; failing to exercise due care and attention when using the road and failing to have due regard to the safety of other road users; failing to see the Plaintiff in time or at all; failing to apply his brakes, whether in time or at all; and failing to avoid obstructing other vehicles while the vehicle is moving.
Kirlew is also accused of failing to manage the vehicle so as to be able to stop within the limit of vision available at any given time; failing to drive in a way so as to avoid the possibility of collision with any other road user, irrespective of the relative size or condition of the intersection or adjoining roads; failing to stop, to slow down, to swerve, or do anything to manage or control his vehicle so as to avoid the collision; acting recklessly with disregard for the safety of others; failing to comply with all traffic signs and signals; failing to keep any proper lookout in front of him; failing to maintain lane discipline; failing to exercise reasonable skill and care to be expected of a reasonably skillful and careful driver in the circumstances; and failing to comply with the road code.
- Fascinated
- Happy
- Sad
- Angry
- Bored
- Afraid