2 months ago, we told you about the lawsuit that the Arana family brought against Jose Abelardo Mai. Back in April 2016, The PUP Area Rep. for Orange Walk South was driving a Toyota Hilux which knocked down Julia Arana, a resident from Trial Farm Village.
She suffered severe head and bodily injuries, but she survived, and after spending 2 very difficult months at home trying to recover, her health deteriorated, and she passed away. Her son, elite cyclist Nissan Arana, was the member of the family who brought a private claim against Mai. He and his family believe that Mai should be held responsible for the accident, and her death, which Mai completely rejects. He insists that the accident happened so fast, there was nothing that he could do to avoid hitting her.
Well, Justice Courtney Abel has heard all the evidence related to this accident, and today, he handed down a ruling in the Arana family's favor. Mai has been held liable for the accident, and he has been ordered to pay the grieving family over 200 thousand dollars in damages.
It's a big victory for Nissan Arana, and this evening, our news team was at court when the decision was handed down. Here's what his attorney had to say after the final day of arguments:
Sheena Pitts - Attorney for Arana Family
"The outcome was as clear as day from the day the accident occurred. The court found Abelardo Mai 100% liable. The court also found that at as a result of the injuries sustained, that is what caused her to die. So, he did not only knock her down and caused her severe head and body injuries. He also caused her death from those injuries. And the court pointed out - and we are forever grateful for the assistance of Dr. Sanchez, a trained pathologist for more years than you can imagine, who should us that the death certificate prepared by Dr. Ken was so erroneous beyond logic, and that the only reason why the deceased died is because she suffered those injuries. So, we are grateful to Dr. Sanchez for that. The other part of the case, which we are taking instructions - we're still taking instructions - is on quantum. The court awarded the claimant a $175,000 for general damages. That is pain and suffering, and loss of amenities. The court also made awards in relation to gratuitous care, loss of earnings, and special damages, also loss of expectation of life. And what we're pleased with is that this case sets precedence for hereafter in Belize, in that, to put in common terms, it cannot be cheaper to kill than to injure. Before this case, the conventional award for loss of life was $3,500."
Daniel Ortiz
"What's the total amount that your client has been awarded?"
Sheena Pitts
"Let me do that quick math, it's about between $220,000 to $230,000, with interest. So, interest is accruing. Mr. Mai gave several versions of what happened that day, and we isolated 2 to of the many versions to show the court that they are so inconsistent. On one hand, Mr. Mai said, 'I didn't see her until right up at the moment of impact. I didn't see her before then.' And so, what that means is that you were not keeping proper look out. You were not mindful of other road users, and then, the other version that he gave is that he saw the deceased from the left hand side of the highway, running across the left-hand side of the highway, enter into the right hand side, where he was driving. And so, having seen her from left moving across to right, and not doing anything to avoid colliding with her. You see? So, that is why the court has said that if we take one version, that version that he didn't see her, right up until the moment of collision, then that shows that he was negligent, in that he was not keeping a proper look out. The new precedent in Belize in relation to the loss of life is that the award is $20,490 and some cents. So, that feeling people had - or gathered - that it may be cheaper to kill, no more."
As you heard, Mai has the option to appeal this case, and he has 21 days to bring an appeal. Of course, Nissan Arana could also the same, since, as you heard his attorney saying, he and his family were asking for more money in damages than what the court was prepare to award them.
Email
Print