Whether the hotel was negligent in staging the show

Reference no: EM133308625

Case: Hawt Steppa v Dancehall-Soca Resort Ltd.

The Claimant (Mr. Hawt Steppa) is Thirty-five years old and was employed as an entertainment co-ordinator to the Defendants hotel (Dancehall-Soca Resort Ltd.) since January of 2011. On the 18th of January 2014 while working in his professional capacity as an Entertainment Co-Ordinator at the Dancehall-Soca Resort's nightly after dinner concert Mr. Hawt was dancing 'The BOGLE' with the 1993 Dancehall Queen who was a guest performer. Mr. Hawt Steppa while doing the Bogle dance slipped and sustained injuries to his right knee.

"The Medical Report of Dr. Evil Leftside outlined the following:

1. Right thigh girth was 3cms less than the left

2. Left calf girth was 1.5cms less than the right

3. Flexion was 105 degrees on the right compared to the left

4. Anterior pre patellar 7cms scar and 1cm circular scar 7cms medial to the tibial tuberosity

5. Positive tinel's sign at graft entry portal which indicates some degree of infrapatellar nerve trauma

6. Vastus Medialis Obliqus was quite wasted

7. Positive anterior drawer sign indicating that the present tension of the cruciate ligament reconstruction is suboptimal He was re-examined post physiotherapy, and diagnosed with anterior cruciate ligament insufficiency of the right knee, chondromalacia patellae right knee and muscle atrophy and assigned a 18% lower extremity impairment or 7% of the whole person. Based on injuries sustained to Mr. Hawt Steppa, he can no longer be able to safely engage in dancing professionally or any acrobatic activities he is employed to do or known for."

As a result of injuries sustained and loss of income and future earnings The Claimant has brought a claim against the Defendant in the Supreme Court of Jamaica for:

I. Negligence

II. Breach of statutory duty under the Occupier's Liability Act. Damages Claimed by the Defendant pursuant to medial report:

III. $8,000,000.00 was suggested for pain and suffering and loss of amenities.

IV. $9,724.000.00 for loss of earnings due to handicap on the labour market

Question: ISSUES to be addressed by both the Claimant and Defendant:

1. Whether the Hotel was negligent in staging the show?

2. Whether the Hotel breached their common duty of care to users of their property pursuant to the Occupier's Liability Act?

3. Is Claimant's suffered injuries too remote under the law of Negligence?

4. Is defendant liable to pay the sums of $8,000,000,000.00 and $9,724,000.00 to the Claimant?

Reference no: EM133308625

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