The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

THE family of Azario Major is seeking more than $1m in damages for the police-involved killing of their relative, according to a writ filed in the Supreme Court.

Coroner’s Court jurors recently ruled that Major’s death was homicide by manslaughter. The lawyer for the officers is appealing the ruling.

Meanwhile, Major’s father, the administrator of his son’s estate, filed a lawsuit under the Fatal Accidents Act and is seeking benefits under the Survival of Action Act.

Detective Inspector Saunders, Sergeant Sweeting, Sergeant Johnson and Corporal Rolle are listed as the first four defendants.

The lawsuit was filed on December 1st, 2022 to comply with statute of limitations requirements.

It claims Major was lawfully in the parking lot of Woody’s Liquor Store on Firetrail Road when the officers “produced firearms and shot and killed the deceased”.

“The deceased’s death was caused by the negligence of the first, second, third & fourth defendants,” the lawsuit says.

“The first through fourth defendants were negligent in that they a. Failed to take the adequate or any care for the safety of the deceased; b. Exposed the deceased to a foreseeable risk of injury and death.

“Further, the conduct of the first, second, third and fourth defendants was arbitrary, oppressive and/or unconstitutional and the plaintiff claims exemplary and/or aggravated and/or punitive damages.”

“The first, second, third and fourth defendants attempted to justify their actions by stating that the deceased opened the driver door of the said vehicle and produced a black handgun and pointed the same at them when in fact the deceased did no such thing.”

The lawsuit says the defendants have not apologised to Major’s father or immediate family for killing him the way they did.

“The deceased, at the time of his death, was a healthy and happy man, aged 31 years who lived with the plaintiff and his mother, and he was gainfully employed at Gloria’s Daiquiris and Tropical Delights on the island of New Providence aforesaid earning a base salary of $15,600.00 per annum and approximately $18,720 per annum in tips,” the lawsuit says.

Additionally, the writ says Mr Major and his wife received $800 monthly from their son “which they relied on to settle household expenses and personal expenses”.

Before he died, Major was responsible for helping with the “upkeep, maintenance and repair of the one-storey, five-bedroom house and the surrounding grounds on which he lived”, with the lawsuit saying the value of said services was $400 per month.

Major’s funeral expenses, not including NIB benefits, was $12,100, according to the document.

His father is seeking special damages of $12,100; damages for the dependents under the Fatal Accidents Act; damages for the benefit of the deceased’s estate under the Survival of Action Act; and exemplary and/or aggravated and/or punitive damages; interest pursuant to the Civil Procedure Act; costs and other relief the court grants. 

According to the lawyer, David Cash, under the multiplier/multiplicand approach to damage claims, Major’s estate would expect more than $1m in damages, given Major’s age and loss of earnings.