The Tribune

By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

A WOMAN who suffered second-degree burns when her clothing caught fire as a flaming dish was prepared or presented during a class reunion at Sapodilla restaurant has been awarded $39,515.86 in damages.

She had sought $150,932.

Registrar Renaldo Toote awarded Cherelle Cartwright $20,000 for physical pain, suffering and loss of amenity, $10,000 for psychiatric injury and $9,515.86 in special damages arising from the July 2016 incident.

Sapodilla of West Bay Ltd was also ordered to pay Ms Cartwright $17,562 in legal costs, along with pre-judgment and post-judgment interest.

Ms Cartwright attended a class reunion at Sapodilla Fine Dining Restaurant on West Bay Street on July 16, 2016, when a server accidentally ignited her clothing during the preparation or presentation of a flaming dish.

She suffered partial-thickness second-degree burns to her right thigh and leg, affecting about five percent of her body, and was later diagnosed with post-traumatic stress disorder and major depressive affective disorder.

Ms Cartwright obtained a default judgment against the restaurant in March 2022, establishing its liability. The proceedings before Registrar Toote concerned how much compensation she should receive.

Ms Cartwright sought $58,625 for physical pain, suffering and loss of amenity, $73,700 for psychiatric injury and $18,607.24 in special damages.

The restaurant argued that her case was materially overstated and proposed a general damages award of between $15,000 and $20,000, together with only those special damages that were strictly proved.

Registrar Toote accepted medical evidence that Ms Cartwright suffered a five percent partial-thickness burn to her right thigh and leg. However, he found that the evidence did not establish burns to her face, hair, wrist, midriff or other parts of her body.

He accepted that the incident was sudden and frightening, that her clothing caught fire and that she perceived the flames as extensive, but said those factors did not enlarge the medically proven physical injuries.

The wounds healed by late July 2016, Ms Cartwright had a normal gait by August 31, 2016, and no surgery was required. Her remaining physical injuries were pigmentation changes and a soft, flat scar.

Registrar Toote said the burn caused pain, distress, temporary restriction of movement and embarrassment because of the residual pigmentation, but did not result in permanent functional impairment.

He awarded $20,000 for the physical injuries.

The court also accepted that Ms Cartwright developed post-traumatic stress disorder and major depressive affective disorder and underwent therapy for about five months.

However, Registrar Toote found that she did not prove that the psychiatric disorders continued after she was discharged from treatment in 2017.

There was no later psychiatric report, evidence of continued treatment or medication, or medical opinion showing that the post-traumatic stress disorder or depression persisted.

He accepted that Ms Cartwright remained fearful of open flames and that the fear affected her comfort in certain environments, but said the evidence did not justify treating the psychiatric injury as chronic, severe or continuing.

He awarded $10,000 for psychiatric injury.

Registrar Toote also rejected the argument that the full $18,607.24 claimed in special damages should be treated as admitted because Sapodilla did not file a reply to Ms Cartwright’s amended statement of claim.

He said the assessment hearing proceeded on the basis that each item remained disputed and had to be proved.

The court allowed $4,365.86 in medical, psychiatric and medical-report expenses.

Ms Cartwright also claimed $7,900 in lost earnings from musical performances she was unable to attend while recovering.

The court accepted evidence that she had scheduled engagements and lost a genuine opportunity to earn income. However, there were no contracts, invoices, receipts, deposit records or bank statements showing how much she would have personally earned, as opposed to the gross value of the engagements.

Registrar Toote discounted the claim and awarded $5,000.

He disallowed a proposed $1,932 course of laser treatment because the claim was not supported by sufficient medical evidence showing the procedure was necessary rather than cosmetically desirable, was likely to be effective or would probably be undertaken.

The court also rejected claims for $2,850 in previous attorney’s fees, $600 for loose-fitting clothing, $100 for transportation and $60 for a meal.

Registrar Toote awarded $150 for the dress damaged in the fire, despite Ms Cartwright not proving its purchase price, age, condition or precise value.

He ordered pre-judgment interest of two percent on the damages and post-judgment interest of 6.25 percent until the award is paid.

Ms Cartwright submitted a legal costs schedule seeking $38,995.

However, Registrar Toote applied a 60 percent reduction to the professional charges because Sapodilla succeeded in substantially reducing the damages sought, defeating several special-damages claims and securing a discount on the lost-earnings claim.

He awarded Ms Cartwright $15,720 in professional charges, $1,572 in value added tax and $270 in disbursements, for total costs of $17,562.