3 months ago, we told you about the outcome of the lawsuit for 5 year-old Brenae Timmons. You'll remember her as the toddler who suffered severe injury in January of 2016 when the huge iron gate at the Samuel Haynes Institute in Belize City fell on top her.
She and her mother went to visit her father, who works as a librarian on the compound, and in only a few minutes of unsupervised exploration, misfortune befell her. She's gone through several surgeries and months of rehabilitation, but her family says that she continues to suffer from deficits that will negatively impact her quality of life as she ages.
Her father, along with their attorney, Kareem Musa, sued the principals of the Pickstock Development Association, and Brian Espat, the contractor who installed the iron gate for the compound. The claimants tell us that the Pickstock Development Association's Executive Director is Barbara Elrington, the wife of Foreign Affairs Minister Wilfred Elrington. The Association owns the land on which the Samuel Haynes Institute, and other facilities are built. Many of Wilfred Elrington's community outreach initiatives as Area Rep for the Pickstock Division are often hosted on this compound.
In March, after listening to the attorney for all the litigants, Justice Young found that there was negligence. She later heard from the attorneys for both sides as to the quantum of damages the Timmons family deserves for the injuries of the baby.
This morning, the judge announced that she has awarded the family $260,000, which must be paid by the Pickstock Development Association and contractor Brian Espat. We were at court when the attorney for the Timmons family exited court. Here's what he had to say about the successful lawsuit:
Kareem Musa - Attorney for the Timmons Family
"As you would have recalled, the judge had initially found that liability fell on the Pickstock Development Association, as occupiers of the property on Mahogany Street. They owed a duty of care to Brenae, as a visitor on the premises. And also on the contractor, there was a finding of negligence on his part, in terms of the construction and installation of the iron sliding gate that fell on Brenae that day in January of 2016. Today, the matter has come to a final close, and the judge has awarded damages to Brenae's parents in the sum of $260,000 as general damages. As you know, the damage that Brenae has suffered is a permanent one. She suffered severe brain injury. She has difficulty now with her motor skills, with her balance. She has mood swings. She has difficulty speaking. And so, all of these things, no amount of money could ever put Brenae back in the position she was, prior to this accident. But, what the court tries to do, it aims to give some level of comfort, and to find an adequate sum that can afford Brenae the necessary treatment she's going to need, if she is going to need subsequent surgeries, and certainly, to put her as close as possible in the position she was, prior to this accident."
Daniel Ortiz
"So, who must pay this money, and how confident do you feel that it will be paid?"
Kareem Musa
"Well, you are totally right in asking that question, Daniel, because we are only halfway through this battle. We have gotten judgment against the 2 defendants, the Pickstock Development Association, and Mr. Brian Espat. The next half of the battle will be to collect from those individuals and the entity, and to see how we go from here."
Of course, getting this 260-thousand-dollar judgment is one thing. Collecting on it is another. As you heard, Musa believes he'll be able to get it done. We'll keep following the case to see how those attempts to payment play out.
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