The Tribune

By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

THE Supreme Court has awarded more than $70,000 in damages to an elderly woman who suffered ankle injuries after falling down a utility conduit at Arawak Cay nearly nine years ago.

On Monday, Justice Ian Winder handed down the court’s decision, where he ruled he was “satisfied” that Joan Butler, 80, had proven her claim that negligence had caused her to fracture her left ankle while at Arawak Cay on October 19, 2012.

In witness statements filed in November 2016 and December 2020, Ms Butler, a former taxi driver, explained that the incident unfolded after she drove several guests from Atlantis to Twin Brothers at Arawak Cay.

After parking her taxi, she said she accompanied her customers across the road to the local restaurant.

However, as she was walking back to her vehicle, Ms Butler stepped on what appeared to be “a plank of solid steel” near the taxi.

Ms Butler said while stepping on the plank, it shifted, which resulted in her foot dropping in the hole which was hidden by the plank.

She added that she was later assisted by two men, one of whom made an ice pack which she later applied to her left ankle.

Ms Butler said after the incident, she went to doctors at Princess Margaret Hospital, who later diagnosed her with a fractured ankle.

Following the diagnosis, the former taxi driver, who is also hypertensive and a diabetic, said she underwent physiotherapy for several weeks but “continued to suffer pain” in her left ankle. Ms Butler also said she now uses a cane to walk as her left leg “gives out” from time to time.

Prior to the incident, Ms Butler said she would work seven days a week, earning an average net take-home pay of $450 weekly or $23,400 a year.

However, Ms Butler noted the injuries she sustained while she was 71 left her unable to return to work or even do basic tasks and household chores.

“From around the October 20, 2012 until about February 22, 2013, I hired help to assist with cooking and housework. I did this at a cost of $150 per week,” Ms Butler said, according to the court documents.

The situation, she added, also forced her to become heavily dependent on her relatives, something she said caused her “much anguish and distress.”

Ms Butler also claimed she lost $159,600 in income from the time of the incident until now because she was not able to work as a taxi driver, as she had planned until she reached 80.

The 80-year-old told the court this was because of the negligence of the defendant, which the ruling listed as the Attorney General.

According to court documents, president of the Bahamas Taxicab Union, Wesley Ferguson also gave evidence in court, where he sought to address the issue of wages lost by Ms Butler due to the incident.

He told the court he had provided a letter, detailing what taxi drivers could expect to receive upon loss of the use of their vehicles.

The letter read: “I confirm that the contents of the said letter are accurate and true, that is, in 2012 the BTCU’s valuation of the loss of use of a five-passenger was $45 per hour or $360 per day and the BTCU’s valuation of the loss of use of an eight-passenger vehicle was $60 per hour or $480 per day.”

The defence argued that it didn’t “concur” with the contents of Mr Ferguson’s letter, adding there was no certainty what Ms Butler may have earned during the period of loss.

In his ruling, Justice Winder awarded Ms Butler $2,100 for home assistance for 14 weeks leading up to her discharge from PMH; $50,000 for loss of income – including the 14 weeks from the time of her accident to discharge; $15,000 for pain, suffering and loss of amenity (PSLA) and another $3,000 for loss of congenial employment for a total of $70,100.