As we've been reporting, the family of the late Julia Arana is suing the PUP's Jose Mai, the Area Rep. for Orange Walk South.
One of her sons, elite cyclist Nissan Arana, is asking the court to award the family damages against Mai. He was driving the Toyota Hilux that knocked her down on the Belize-Corozal Road two years ago. She passed away 2 months later.
Mai's defence is that he bears no fault, and that the accident happened so quickly that he could not have avoided hitting her.
All the evidence was presented last week, and both sides were supposed to return before Justice Courtney Abel today to make oral submissions.
But, that didn't happen, and, after the attorneys exited the judges chambers, we asked about the delay, and what are the important elements that could end up deciding this claim:
Sheena Pitts, Attorney for Arana Family
"Today was a minor hiccup, I would say, but the hiccup serves both parties well. We are going to file written submissions, and we come back at a date in September to do oral arguments, and that is because both parties didn't have each other's physical copies of authorities that we were relying on."
Julie-Ann Ellis Bradley - Attorney for Jose Mai
"We are scheduled to come back before the court in order to make further submissions to the judge. The judge has asked us, in the meantime, to put submissions in writing, and the legal principles, and to try to see, as best as possible, if we, as the attorneys, can narrow down the issues for the court to determine."
Daniel Ortiz, reporter
"What do you think with the be the weightiest issue in this particular lawsuit?"
Julie-Ann Ellis Bradley
"I believe that the issue is going to be one of - one, the court has to address the question of liability. I think that is going to be one of the main things, and that usually follows, offer liability is determined. Then, the question as to damages would be the next thing. So, the damages relates to how much, and the liability will determine how much."
Sheena Pitts
"The claimants case is that, 1, the deceased was knocked down by Abelardo Mai, at a time when he ought to seen here, and avoided her. As a result of knocking her down, he caused her severe injuries, not minor injuries. Moderately severe brain damage, that is how it was classified, and those injuries were the same injuries that caused her death."
"You're responsible for knocking her down. 2, these are the injuries she suffered. 3 from those injuries she died, and 4, damages."
The two sides will return before the judge at a date in September.
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