The Supreme Court has ordered The Bahamas Electricity Corporation to pay a New Providence woman $1.3 million in damages after BEC “tortiously allowed the escape of diesel from underground pipelines which resulted in serious injury to her, according to the court.
The pipelines were installed from Clifton Pier to the Blue Hill Power Plant, court documents say.
“The diesel that escaped invaded the underground well water system on the plaintiffs’ property where it was inhaled and ingested by the [the woman] having a ‘direct bearing on the severity of her disease,'” the court found.
According to a ruling written by Deputy Registrar of the Supreme Court Ernie Wallace, the woman (whose identity we have chosen to protect) and her husband had to leave their home in Golden Gates No. 2 as a result of this diesel contamination.
The ruling says that the woman’s husband gave evidence regarding the purchase of the land and the subsequent construction of the home.
“During the assessment of damages stage the court visited the house, now in an advanced state of neglect, and it was quite an expression of aesthetic discernment,” the ruling also says.
Mr. Wallace has ordered BEC to pay $450,925 for loss of the couple’s home and land; $324,433 for future medical care; $221,675 for future loss of earnings; $83,241 for past loss of earnings; and $55,477 in special damages.
The couple will have to convey their property to BEC at the conclusion of the matter, the ruling says.
“There can be no challenge that the [woman] is entitled to recover for her future medical care,” it adds.
During the course of the hearing, the woman’s doctor provided details of her likely future medical expenses based on her current treatment needs.
“I accept the multiplicand of $26,506 as realistic,” Mr. Wallace writes. “I fix the multiplier at 34, based on life expectancy of 75.3 for females in The Bahamas.”
But he reduced the sum of $901,204 by 40 percent to $540,222.40.
“I reduce this sum by a further 40 percent consistent with the court’s finding that the [woman] suffered from a pre-existing illness and more than likely would have incurred medical expenses in any event.”
During the hearing, the woman’s doctor testified that she has been diagnosed with having a serious condition with a high probability of developing colon cancer.
Her doctor testified saying “she had all the things that predispose you to cancer-during the course of her life her risk of having cancer of the colon at some point is extremely high.”
He said that due to her intestinal condition “the risk to develop colon cancer is increased eleven-fold compared to the general population.”
But, according to the ruling, another physician testified that he did not find any “casual connection” between the ingestion of diesel fuel and the woman’s present illness.
Due to the pain associated with her serious condition, she has on occasion had to take morphine shots, according to court documents.
The ruling adds that because of her illness, she has pain in the back, joints in the legs, and cramping in the stomach area, all of which necessitate taking medication.
“Her doctors have advised her that they can treat the symptoms but there is no prospect of resolution or cure,” the ruling says.
Since 1996, the woman has been hospitalized on at least three occasions, according to the ruling.
The woman is also entitled to her loss of future earnings since she has been declared disabled by the National Insurance Board with effect from June 3, 2003, as a result of the severity of her illness, Mr. Wallace writes.
“In trying to arrive at an appropriate figure for pain and suffering and loss of amenities, I take into consideration the fact that at the time that the severity of this illness set in the [woman] was a young woman of 32 years,” the ruling says.
It also goes into details about how the ailment affected her life and has prevented her from working.
“The evidence in this hearing was such that it could be inferred that [the woman] suffered real pain and suffering,” the ruling says.
Mr. Wallace also writes that the very nature of the woman’s severe illness deprived her of certain amenities of life.
“There can be no doubt that there has been a curtailment of the [woman’s] enjoyment of life,” the ruling says. “The evidence in this assessment revealed that the [woman] is fearful of future incapacity to her health both physical and mental-She will no longer be able to do and enjoy many things she used to do and enjoy.”
The ruling details widespread suffering caused to the woman as a result of her ailment and provides specifics on how it has adversely affected her life. However, we have chosen not to detail her medical history.
It also points out that the question of liability in this matter was decided by the Honourable Mr. Justice Hugh Small in his judgment of November 26, 2001. Mr. Wallace was then left to assess the damages.
It was not clear whether BEC will seek to appeal the matter. The corporation has provided no statements on whether the escape of diesel may impact other residents in the southern New Providence community where the woman and her husband resided.
By: Candia Dames, The Bahama Journal
