The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

A LAWYER had no comment on whether an American billionaire complied with an order awarding more than $400,000 in damages to a woman who slipped on gravy at his restaurant and dislocated her knee.

While Laniccina Braithwaite-Adderley continues to await a response from Phil Ruffin, former owner of the Crystal Palace Casino, to assume responsibility for the injuries she suffered at the Seaside Buffet in March 2004, lawyer Philip McKenzie told The Tribune yesterday that “I am not going to say anything on that.”

Mr McKenzie is the managing partner at Davis & Co, law firm of the Deputy Minister Philip “Brave” Davis. He also said that “as a matter of policy, we don’t discuss these cases publicly. “

“If she and her lawyer were able to make contact with you then I guess they know how to do the same with us,” he added.

Mr McKenzie said his response was not intended to be rude, but he stressed that the issue was simply one of “lawyer-client privilege.”

Mrs Braithwaite-Adderley slipped and fell on the property.

She required medical attention, but Mr Ruffin had denied liability for the accident until December 2008 before the matter was to go to trial. She was supposed to have surgery in 2005, but could not afford to pay on her own.

The Supreme Court registrar awarded her $273,000 in general damages and $145,120 for special damages in respect of the injury, loss and damage claimed.

Last March, Court of Appeal Justices Anita Allen, Christopher Blackman and Abdulai Conteh ruled on the appeal of Mr Ruffin, who challenged the Supreme Court registrar’s decision to award $400,000.

The issue for the court to decide was whether, after admitting complete liability at trial in the Supreme Court, contributory negligence could be raised for the first time on an assessment of damages and whether the registrar erred by failing to consider intervening medical negligence.

Counsel for Mr Ruffin contended that the registrar failed to take into account an intervening act of medical negligence and as such, the award of damages should be reduced.

Pamela Thompson, counsel for Mrs Braithwaite-Adderley, argued that it was not open to the appellant to make these claims on appeal.

The court ruled that where a judgment has settled any issue on which an allegation of contributory negligence would depend, contributory negligence may not be raised at the assessment of damages stage.

The appellant during trial admitted liability without reservation, doing so with full knowledge of all the injuries

specifically pleaded by the respondent in her statement of claim. This admission settled any issue on which an allegation of contributory negligence could depend.

As such, the court concluded, it was not open to the appellant to raise these issues at the assessment stage. The appellate court went on to dismiss the appeal and affirmed the registrar’s awarding of damages and further awarded costs of the legal battle to the respondents.

However, Mrs Braithwaite-Adderley told The Tribune last Wednesday it has been more than a year since the ruling was handed down, but so far the order has not been complied with.

“I need results and I cannot wait another ten years to continue to suffer at the mercy of people. I am getting older and my leg is getting worse. But most of all, I can’t sit down and allow this injustice to continue to be done to me,” she said.

“According to Mr Davis, he loves people and the motto of his political party is ‘Believe in Bahamians’. I am one and am asking for swift justice. If I was a foreigner the matter would have been dealt with and settled in a matter of weeks. Whereas for me, it has taken years and still no one cares about this black Bahamian woman who continues

to suffer. Mr Ruffin is a billionaire who can afford to pay a settlement.”