Just over 2 years ago, we told you about the very sad case involving Brenae Timmons. She's 5 years-old today, but back when she was 3, the iron gate at the Samuel Haynes Institute fell on top of her.
As we reported, her father, Bernard Timmons, who works as a librarian at the library inside the compound was on the job. His wife and 3 year-old Brenae had gone there to meet him, because they were supposed to go home together. Brenae was playing with another little girl when they gate fell on her.
Her father immediately rushed to her aid, and lifted it off her. Her skull had been crushed.
Her head injuries were severe, but, little Brenae showed remarkable resiliency, surviving a month-long induced coma, and presently, she continues to slowly recover. There are, however deficits that she and her family will have to live with. So, they sued the Pickstock Development Association, and Brian Espat, the contractor, who installed the gate.
After a full hearing, Justice Sonya Young delivered a judgment this morning, and ruled in the favor of her family. We got a chance to speak with Brenae's father, and their attorney about the win, and here's what they told us:
Kareem Musa - Attorney for Timmons Family
"I represent Brenae Timmons. She's currently 5 years old, I believe. When she was 3 years old, January of 2016, a huge iron gate had fallen on top of her, while she was inside the compound of the Pickstock Development Association, which is also the premises for Samuel Haynes Institute, and several other organizations. While on the compound, the gate had fallen off its track. The contractor at the time was Mr. Brian Espat, and the court gave its ruling today. And, I am happy to say that the court has found in favor of Brenae and Mr. Timmons, who brought the claim on her behalf, as her father. The court has found that liability and negligence has been established against the Pickstock Development Assocation, because they are the owners and occupiers of the premises, and they had a duty of care. They owed that duty to Brenae, being a visitor that day. And they also found that Mr. Brian Espat was negligent in the construction and installation of the said iron sliding gate. So far, the court has only dealt with the legal cost in the sum of $10,000, but there is an assessment hearing now. We have the expert advice, the expert analysis of Dr. Joel Cervantez, who has given a medical report on Brenae's status. As you know, she underwent almost 30 days in coma, after this incident. Luckily, she has come out of that coma. Of course, she still suffers with a lot of imbalance, and there is certainly permanent damage there. So, we will be looking at those things in coming at a quantum, assessing the damage that both the Pickstock Development Association and Mr. Espat, in his personal capacity will be paying to the family of Brenae Timmons."
Bernard Timmons - Father of Brenae
"I just want to say thank God that justice has been served, and thank God for Kareem Musa."
Daniel Ortiz
"Now sir, tell us a little bit about what your baby experiences at this current moment."
Bernard Timmons
"Yes, well, she still suffers a lot from the whole ordeal. Her balance is not fully there. Her eyesight is not fully there. She's very emotional. She cries for every little thing, and there's a lot of things that we notice about her that it won't be the same again."
Reporter
"And is she going through any kind of therapy right now?"
Bernard Timmons
"Yes, she's at the Inspiration Center. We take her to Mr. Zuniga's therapy on Amara Avenue. We have done several surgeries on her. We still need to do some follow up, and also, we've been to the Loma Luz, and so forth."
Daniel Ortiz
"But at least, you have your baby with you."
Bernard Timmons
"Yes, thank God my daughter is still alive and healthy, and strong. We're trying to keep her in that capacity."
Herbert Panton represented Brian Espat and Alifa Elrington represented Pickstock Development Association. We'll keep following the case to see what award of compensation the court decides that the Timmon's family deserves for Baby Brenae's ordeal.
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