Donovan O. Foote

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

This is a civil negligence/Occupiers Liability Act claim, not a lawyer-discipline decision. The claimant, a travel agent, sued Sandals Ocho Rios Limited after falling on the hotel driveway, alleging an uneven interlocking pavement caused her to trip and fracture metatarsals in her right foot. Justice Batts QC found as fact that the tiles were level with grooves and only a slight, almost imperceptible edge where two tile types met, which was neither dangerous nor hidden. The court held the defendant breached no duty at common law or under the Occupiers Liability Act, relying on Bell v Travco Hotels Ltd and Marie Anatra v Ciboney Hotel Ltd. The claim was dismissed with judgment for the defendant and costs to be taxed if not agreed. Damages were assessed contingently at JMD 650,000 (pain/suffering), JMD 192,600 (nursing care) and JMD 260,000 (transportation) only to avoid retrial on appeal.