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2003-03-06 17:19:31

Nassau Photographer Wins Ruling In Damages Claim

Franklyn Ferguson claims hotel staff actions were "malevolent"

A Nassau photographer who is claiming damages from Hilton International over an incident in a hotel bar represented himself before the Court of Appeal this week and won a ruling which clears the way for a trial.

Three judges agreed with legal arguments presented by Franklyn Ferguson and ruled against two women attorney representing Hilton International. They also set aside the trial judge's order to strike Mr. Ferguson's statement of claim.

As a result Mr. Ferguson can now proceed with his Supreme Court action alleging that he was assaulted by staff and ejected from the premises while having a drink at The Blackbeard's Cove Bar at the British Colonial Hilton.

The incident allegedly took place on September 4, 2000.

Ferguson claims he challenged a member of the hotel staff, Peter Rounce, after he stood over his drink and ate from a glass of peanuts given to Mr. Ferguson. Mr. Rounce refused to apologise and fetched a colleague, Arlington Cox. When he complained to manager Trudy Mackenzie he was informed that he was no longer a friend of the establishment and that he was going to be banned for a short period.

Mr. Ferguson claims that staff members were ordered by Peter Rounce and general manager Michael Hooper not to serve him. He claims that he sustained personal embarrassment and suffered loss and damage. He said he was subjected to ridicule and was humiliated in front of friends and acquaintances.

Source: The Tribune

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