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Rosewood Tucker’s Point awarded security costs in claim filed by US doctor

A lawyer for the Rosewood Bermuda Tucker’s Point Hotel secured a fraction of what the resort had hoped for towards covering its legal costs on Wednesday after the hotel was hit with a lawsuit filed by an American doctor.

Phillip Rubin, based in Connecticut, took legal action against the hotel after he fell at a pool at the Hamilton Parish facility in 2022.

Dr Rubin, who was not present in court for the hearing, has filed a $70,000 lawsuit claiming damages for his injuries.

At a civil hearing before Acting Justice Cratonia Thompson, the hotel was awarded the $2,500 security for costs judgment — although Richard Horseman, counsel for the resort, had asked for $20,000.

Security for costs is an order that requires a party in a case to pay money to the court, or provide a bond, as a security for their opponent's costs of litigation.

Before the hotel’s application, Sara Tucker, counsel for Dr Rubin, sought to file an application to have the matter adjourned for 14 days.

She said she had not been “properly advised” by her client on how to pursue the matter.

Ms Tucker told the court she was “reluctantly” seeking to have the matter adjourned. She added that she did not wish to delay the respondent’s claim to secure costs.

As background, she said Dr Rubin had attempted to resolve the matter without counsel.

Ms Tucker said “one of the biggest hurdles” her client encountered was difficulty in establishing the owners of the hotel.

She said her client later found out that Gencom, a company based in Miami, owned the property.

She added: “Our client is a United States citizen and he is seeking further advice before we pursue this matter in this jurisdiction.”

However, Mr Horseman argued that Dr Rubin had been given adequate notice of the application, adding: “Today has been set down for months; Dr Rubin has had notice of this.

“The court should hear this order. My learned friend cannot respond; so be it.”

After hearing both sides, Mrs Justice Thompson proceeded with the matter and awarded security costs to the respondent.