Davidson & Ors v Cerf and Surf Properties Ltd (CS 41 of 2014) [2017] SCSC 189 (2 March 2017)

Davidson & Ors v Cerf and Surf Properties Ltd (CS 41 of 2014) [2017] SCSC 189 (2 March 2017)

The Defendant is vicariously liable for the acts of its employee, Stephan Barreau, whose gross negligence caused the fatal collision. The Plaisance was contributorily negligent for not having a functioning all-around white light, but the primary responsibility (75%) lies with the Defendant's vessel. The Plaintiffs are entitled to damages for pecuniary and moral loss, with the Defendant to be indemnified by the Second Third Party to the extent of 25%.

Citation
[2017] SCSC 189
Parties
Plaintiff: Ian Davidson; Plaintiff: Carolyn Davidson; Plaintiff: Melissa Davidson; Plaintiff: Catherine Davidson; Defendant: Cerf and Surf Properties Ltd; Third Party: Sea Fever Charter; Third Party: Dominique Marie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 March 2017
Case Number
CS 41 of 2014
Procedural Posture
Civil / Judgment
Outcome
Judgment for Plaintiffs with apportionment of liability and damages awarded.
Legal Topics
Negligence, Vicarious Liability, Contributory Negligence, Damages, Third Party Proceedings
Source Language
English
Tort Law Maritime Law Civil Procedure Negligence Vicarious Liability Contributory Negligence Damages Third Party Proceedings

Case Brief

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Parties

Ian Davidson

Plaintiff

Carolyn Davidson

Plaintiff

Melissa Davidson

Plaintiff

Catherine Davidson

Plaintiff

Cerf and Surf Properties Ltd

Defendant

Sea Fever Charter

Third Party

Dominique Marie

Third Party

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Liability for fatal injuries in a maritime collision
  2. 2 Apportionment of fault between vessels and operators
  3. 3 Vicarious liability of employer for employee's negligence

Ratio Decidendi

The Defendant is vicariously liable for the acts of its employee, Stephan Barreau, whose gross negligence caused the fatal collision. The Plaisance was contributorily negligent for not having a functioning all-around white light, but the primary responsibility (75%) lies with the Defendant's vessel. The Plaintiffs are entitled to damages for pecuniary and moral loss, with the Defendant to be indemnified by the Second Third Party to the extent of 25%.

Court Disposition

Judgment for Plaintiffs with apportionment of liability and damages awarded.

Orders

  • Defendant to pay total damages of SR1,252,032.50 to Plaintiffs as specified.
  • Defendant to pay costs and interest on the award.