Nurse wins civil case against Gov’t
The claimant, Daphne Alves was employed on February 17, 2000 by the Government of the Virgin Islands as a nurse and was assigned to Peebles Hospital, and on April 9, 2003, she was injured at her workplace when a bed collapsed.
At the time, she was attending to an elderly patient suffering from Alzheimer’s disease.
In light of this, she sued the Attorney General on December 17, 2007, for damages as a result of the injuries which she suffered, pointing out that as her employer, the Government, owed her a duty to take reasonable care for her safety.
However, the Attorney General Baba Aziz in his defence admitted the negligence but denied the claimant’s entitlement to damages alleging that she is not entitled to any of the relief sought by virtue of the combined effects of section 2 of the Public Authorities Protection Act (PAPA), Cap. 62 and sections 2, 26 and 27 of the Crown Proceedings Act.
Aziz also argued by virtue of the combined effects of the above-named Acts, in that, the claim herein was filed on December 17, 2007, was more than six months after the neglect or failure of the Crown to, among other things, provide and maintain proper plant and equipment at Peebles Hospital and the resultant injury to the Claimant on April 9, 2003.
But in handing down her judgement on October 24, 2011 Justice Hariprashad-Charles stated, “I can do no better than to echo the sentiments of Redhead JA. In summary, the default complained of is the breach of the private duty arising under a contract of employment between the Government and Mrs. Alves and not any public duty which in the case of the hospital, could only be owed by the Board that was tasked with the management of the hospital to the public. It follows therefore that the claim does not come within the provisions of the PAPA.
“In my opinion, the Government is not entitled to the protection of the PAPA. I would therefore dismiss the application with costs to Mrs. Alves to be assessed if not agreed. The matter should proceed to the assessment of damages.”
Mrs. Alves was represented by John Carrington of Mc W Todman & Co.
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