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Accident victim could win $850,000 payout

A schoolteacher could be awarded about $850,000 damages after losing part of her leg in a road accident exactly ten years ago today.

The damages claim Garita Lynn Jennings brought some years ago is almost nearing an end with lawyers now discussing the finer points of the judgement.

She brought the claim, which amounted to about $1.6 million, against Eugene Mansfield Ball, and his employer at the time of the accident Purvis Ltd. It is thought to be one of the biggest ever personal injury claims in Bermuda.

The 27-year-old, who is now married with a baby, was travelling on her motorcycle up a hill on Middle Road, Devonshire, on November 6, 1991, when a car coming in the opposite direction collided with her.

She suffered severe injuries, which resulted in her losing the lower part of her leg.

She has since finished school and gone on to university, and now works as a science teacher at CedarBridge Academy.

Liability of the accident was never in dispute, and Mrs. Jennings has already received interim payments for her past medical costs and the injury, plus interest.

However, three classes of damages were in dispute and a trial for those was held last year, when none of the particulars of the accident were argued.

Assistant Justice Charles-Etta Simmons brought the judgement at the end of September this year, awarding Mrs. Jennings a total of more than $850,000, including the amounts which were not in dispute and have already been paid.

But yesterday, her lawyer Jai Pachai, and attorney for the two defendants John Cooper, were back in Supreme Court to discuss the award and the issue of costs.

Mrs. Jennings has claimed for special damages, a risk that she might in future suffer loss of income because of the injury, and damages to help cover the future costs of the replacements for her prosthesis.

In her judgement, Justice Simmons did not award the $1.6 million suggested by Mr. Pachai and his client for the three areas of damage that were in dispute, but substantially less.

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