Felicity pre-school owner wins compensation claim

UPDATE:

A FELICITY pre-school owner has won her claim for compensation from the State after she fell into an open manhole in 2015.
Surujdai Rampersad, of Cacandee Road, Felicity, sued the State and the Chaguanas Borough Corporation (CBC) for negligence.

She fell into an open manhole on Petersfield Main Road, Felicity, on March 11, 2015.
Her claim was heard by Justice Frank Seepersad in the Port of Spain High Court Tuesday, and after a three-hour long trial, he found the Ministry of Works and Transport to be liable, but not the regional corporation.

Prior to the trial, the judge said he was concerned that there was a dispute over who was in control of the road, saying it signalled a breakdown in the efficiency of the administrative arms of the State.
“At the end of the day money comes from the taxpayers of TT, either through budget allocations to local government bodies or the Treasury. It is unacceptable that the court is called on to determine if it was the Ministry of Works or the regional corporation who was responsible for this road.”

Testifying at the trial were Rampersad, her husband Dipnarine, and officials of the ministry and the CBC.
It was the ministry’s defence that Rampersad was walking along the adjoining Cacandee Road when she fell. Cacandee Road falls under the purview of the CBC while the ministry is responsible for Petersfield Road.

The two roads intersect, and the judge found that Rampersad was on Petersfield Road when she fell into the open manhole. He also said she did not contribute to her fall. She claimed the lighting was poor and there were no warning signs indicating that there was an uncovered manhole there. “It is clear the responsibility for Petersfield Road fell to the ministry,” the judge said, adding that the corporation only covered the hole with a manhole cover after they were asked to do so by a councillor at the CBC. “The fact that they covered the manhole did not make them responsible.”

During the evidence of the ministry’s witness and that of the CBC, it was discovered that the work on the box drains along Petersfiled Main Road was done by the Estate Management Business Development Company (EMBD).
Seepersad said he was alarmed by this and the “disregard” for procedure between 2012 and 2015.
“It is unfathomable that an agency of the State (the EMBD) was conducting work without the ministry’s supervision.”

He said it appeared that the ministry abdicated its statutory responsibility to the EMBD to conduct major work on a major roadway.
“This lack of supervision causes alarm.”

Seepersad said whatever work politicians decide to undertake can never be done without regard for public safety, after it was revealed during the trial that the EMBD had started work in the area in 2012, during Jack Warner’s stint as works minister.

He also said it was distressing that Rampersad fell in a manhole in March 2015, and nothing was done until the CBC took it upon itself to cover it sometime in November of that year.
“It is untenable to expose the public to risk of personal injury because of the reckless work done by the EMBD given to it by the executive. This cannot be condoned,” the judge said, as he ordered the State to compensate Rampersad.

The quantum of compensation she will receive is to be assessed by a Master of the High Court.

ORIGINAL STORY:

A FELICITY pre-school owner has won her claim for compensation from the State after she fell into an open manhole in 2015.

Surujdai Rampersad, of Cacandee Road, Felicity, sued the State and the Chaguanas Borough Corporation (CBC) for negligence.

She fell into an open manhole on Petersfield Main Road, Felicity, on March 11, 2015.

Her claim was heard by Justice Frank Seepersad in the Port of Spain High Court today, and after a three-hour long trial, he found the Ministry of Works and Transport to be liable, but not the regional corporation.

The quantum of compensation she will receive is to be assessed by a Master of the High Court.