by Linda Straker
- Smith suffered physical injuries from the owner of a dog he drove over and killed
- Caryn Adams argues general damages for pain and suffering and loss of amenities of $65,000
- Arley Gill for the defendants, proposes award of $10,000
4 years after he suffered physical injuries from the owner of a dog he drove over and killed, Evan Smith, now deceased, has won a civil matter against Dolan Kavanagh and his wife, Sarah Hatton.
The incident sparked widespread protest as hundreds of people called for justice for Smith.
High Court Judge Agnes Actie has ruled that the couple pay the estate of Evan Smith EC$67,220 in special and general damages. “The 1st and 2nd defendants shall pay the claimant the following awards: 10 i. Special Damages in the sum of $7,970.00 with interest at the rate of 3% per annum from the filing of the claim until judgment and at the rate of 6% from the date of judgment until payment in full,” the Justice said in her judgment recently posted on the Eastern Caribbean Supreme Court (ECSC) website.
The civil matter was heard during a trial on 12 March 2024, and the court found in favour of the claimant and directed the parties to attempt a settlement on quantum, failing which damages would be assessed. The parties failed to settle, and as a result, the Justice gave a judgment.
On 25 June 2020, Smith drove his vehicle along the Fort Jeudy Main Road, transporting his workmen to a job site. Upon arriving at the job site, Smith was alerted by one of his workers that the vehicle had struck a dog.
Court documents show that Kavanagh and Evan had a physical altercation on the Fort Jeudy road. “Kavanagh signalled Mr Smith to stop his vehicle and directed that he was not permitted to leave until the police arrived. Kavanagh then reached into Mr Smith’s vehicle through the open window and removed the keys from the ignition. Mr Smith attempted to exit the vehicle, and the first defendant slammed the door onto Mr Smith’s chest, striking him on his face and body.
“Mr Smith’s body was propelled backwards onto the vehicle and his head struck the vehicle. While Mr Smith attempted to regain control of himself, the defendants approached him, and began punching him in his face, chest and head. Throughout the attack, Mr Smith was unable to defend himself and the defendants referred to Mr Smith as being “retarded”, “stupid” and used obscenities and other derogatory phrases about him,” said the judgment.
Smith was diagnosed with:
- Laceration to the upper lip
- Deformity of the upper lip
- Facial contusion
- Multiple contusions to thorax, abdomen and limbs
- Post-concussion syndrome with associated amyotrophic lateral sclerosis
- Acute Stress Disorder
- Fractured upper left canine and lower two-thirds of the crown missing
Smith is deceased, but not as a result of the incident, as it is in evidence that he had a preexisting condition.
Caryn Adams, counsel for Evan Smith’s estate, argues general damages for pain and suffering and loss of amenities in the sum of $65,000. Arley Gill, for the defendants on the other hand, proposes an award in the sum of $10,000.
I’m so pleased to hear that t justice has been served in this case (somewhat). Who is to say if Mr. Smith’s death wasn’t hastened by the trauma of this event? May his wife and children be strengthened to move forward, and may all visitors/foreigners know that the mistreatment of ONE Grenadian is the mistreatment of us ALL!!!! Be warned.