Morel & Ors v Rose (CN 69/2016) [2020] SCSC 489 (2 April 2020)

Morel & Ors v Rose (CN 69/2016) [2020] SCSC 489 (2 April 2020)

The defendant, while driving his vehicle, negligently accelerated and struck Ericson Jules, a police officer conducting a spot check, causing his death. The defendant failed to rebut the presumption of fault under Article 1383(2) of the Civil Code. The acquittal in the criminal case did not bar civil liability....

Source-derived case information.

Citation
[2020] SCSC 489
Parties
Plaintiff: Marie Alice Morel; Plaintiff: Donald Eric Jules; Plaintiff: Rouvani Jules; Plaintiff: Shanita Jules; Plaintiff: Elmonda Jules; Defendant: Dirk Rose
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
2 April 2020
Case Number
CN 69/2016
Procedural Posture
Delictual Action (civil Claim for Damages Arising From Road Accident) / Judgment After Full Trial
Outcome
Judgment for the plaintiffs
Legal Topics
Negligence, Liability for Motor Vehicle Accidents, Damages for Wrongful Death
Source Language
english
Tort Law Civil Procedure Negligence Liability for Motor Vehicle Accidents Damages for Wrongful Death

Source-derived case record

Summary, issues, holding and outcome

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Parties

Marie Alice Morel

Plaintiff

Donald Eric Jules

Plaintiff

Rouvani Jules

Plaintiff

Shanita Jules

Plaintiff

Elmonda Jules

Plaintiff

Dirk Rose

Defendant

Procedural Posture

Delictual Action (civil Claim for Damages Arising From Road Accident) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendant was liable in negligence (faute) for the death of Ericson Jules
  2. 2 Whether the acquittal in the criminal case precluded civil liability
  3. 3 Quantum of damages payable to the plaintiffs

Ratio Decidendi

The defendant, while driving his vehicle, negligently accelerated and struck Ericson Jules, a police officer conducting a spot check, causing his death. The defendant failed to rebut the presumption of fault under Article 1383(2) of the Civil Code. The acquittal in the criminal case did not bar civil liability. Plaintiffs proved emotional and financial loss. Defendant is liable for damages.

Court Disposition

Judgment for the plaintiffs

Orders

  • Defendant to pay SR300,000 each to the 1st and 2nd plaintiffs
  • Defendant to pay SR150,000 each to the 3rd, 4th, and 5th plaintiffs