Petrotrin deep-sea diver awarded $5m for injuries after 2016 crash

A deep-sea diver who worked with Petrotrin but can no longer work because of the “severe nature” of his physical and mental injuries he got in a car accident in 2016, has been awarded over $5 million in compensation by a High Court master.

Master Martha Alexander ordered the driver of the vehicle which veered onto Anthony Dass’s lane on Rivulet Road, Couva, on July 15, 2016, to compensate him for his injuries, loss of earnings and future surgery costs, among others.

Also ordered to pay was insurance firm Trinre Insurance Co Ltd.

In her ruling, Alexander awarded Dass a total of $4.9 million plus interest and costs in the sum of $234,118.76. An interim payment of $250,000 is to be deducted from the court’s award.

“The present proceedings involved a combination of severe multiple physical injuries and serious psychiatric injuries, which were unlikely to be resolved. There are seldom cases as this one where such a combination of serious multiple physical and psychological injuries manifest in the same claimant.

“…On the evidence, what occurred was the commission of a tort that wrecked the life of the claimant, both physically and psychologically, while he was yet at the relatively young age of 33.”

Alexander was tasked with assessing the quantum of damages for Dass after the driver of the other vehicle was found to have veered negligently into his lane and crashed head on to his vehicle.

She said the matter involved “extensive and serious orthopaedic and psychological injuries.” Before her, eight doctors testified to the extent of Dass’s injuries, both physical and psychological.

“The medical evidence of the several doctors shared the same view, which was that the claimant could no longer work as a deep-sea diver or otherwise owing to the severe nature of his physical and mental injuries stemming from the accident.”

He suffered severe fractures to both legs, right arm, shoulder, low back, pelvis and a chest injury in addition to serious psychological injury and remained with major scarring, she said. He also had 11 fractured bones and had six surgeries done and is expected to do more.

Dass also suffered psychiatric injury which were deemed permanent. He was a deep-sea diver with Petrotrin and also worked as a commercial diver with another company. Dass gave evidence that at Petrotrin, he was working with the aim and ambition of becoming a saturation diver and a ROV pilot technician.

Alexander pointed out that the doctor, Dr Victor Coombs, who certified Dass as fit to work as a commercial diver on eight consecutive occasions, said he could not work after the accident as “he was at an increased risk for decompression sickness and bony infarcts, as a result of his multiple fractures and implants.

“During cross-examination, Dr Coombs explained that death was a real risk should someone with the claimant’s injuries engage in commercial diving.

“Dr Coombs also ruled out activities such as climbing, running or football for the claimant. He was clear that the claimant, who previously had an active lifestyle, including hunting and spear fishing, was no longer able to participate in these activities.”

Two other doctors, Dr Priya Maharaj and Prof Gerard Hutchinson, provided evidence that Dass also suffered severe mental and emotional injuries, which have continued to affect him.

He was diagnosed by Maharaj as suffering from a major depressive disorder linked to the accident, while Hutchinson said he was suffering from post-traumatic stress disorder and rated his mental disability at 40 per cent.

“He concluded that the claimant’s prognosis was ‘fair to poor.’”

In explaining each award, Alexander said her task was to compensate him for his physical suffering from the time he was injured, his continuing disability, any psychological injury he has suffered and those which may be lingering.

“His injuries were serious and they were many – they affected his physical body and his mind. There was no evidence that he was healed, completely, from their effects and, in fact, his psychological distress was deemed to be permanent.”

Dass was represented by attorneys Shawn Roopnarine and Anand Rampersad while attorneys Shivanna Lalla and Rachael Richards represented the other driver and the insurance company.