struggled financially since his death.

Marcia Grant took the stand in the Supreme Court yesterday after launching a lawsuit against her husband's cousin and the Robin Hood Restaurant and Pub.

Mrs. Grant was suing the restaurant, and Robin Hood Enterprises for breach of statutory duty and Charles Grant for breach of statutory duty and negligence.

She is seeking damages on behalf of herself and her eight-year-old daughter and is being represented by Mr. Darcy Lord.

Her husband Melbourne (Willie) Grant died after he was exposed to a high concentration of hydrogen sulphide causing him to collapse into the cesspit and become unconscious.

He later regained consciousness after being rescued from the pit and taken to King Edward VII Memorial Hospital, where he died 11 days later.

Melbourne Grant was trying to rescue his cousin Charles Grant, owner of Highland Sanitation Services, and another worker Mr. Antoine Burgess, who had fallen into the highly toxic cesspit on the afternoon of August 13, 1991.

Yesterday Mrs. Grant told the court that she was not employed at the time of her husband's death and was still unemployed.

She receives cheques amounting to $558 a month from the Government. "My husband paid all the bills, and since his death I have received help from the Government.'' Health and Safety officer Mrs. Doris Foley Millett told the court that the cesspit where the accident took place collected both kitchen waste and bathroom waste.

She added: "Under the Health Act and drainage regulations 1965, separate cesspits are required for kitchen waste and raw sewage.

"This is to keep grease from interfering with microorganisms breaking down the sewage.'' Mrs. Millett said that there were a number of factors that contributed to this incident that resulted in the deaths of the two men.

"The first was the failure of the owner of the restaurant to comply with plumbing and drainage regulations which states all premises should be provided with sufficient and adequate cesspits or other means of disposal approved by the chief medical officer.

"Drainage from any kitchen appliance shall be kept separate from any foul drainage from the premises and shall be disposed of separately by draining into its' own cesspit.'' She added: "It is believed that both the kitchen and foul drainage of toilets were disposed of in the same cesspit as large quantities of grease were seen in the pit along with faecal matter.

"The grease in the pit was floating on top of foul drainage creating a seal allowing the gas hydrogen sulphide to accumulate.

Mrs. Millett said that as soon as Antoine Burgess began to stamp the grease in an attempt to break it up, he was overcome by the gas hydrogen sulphide.

As a result of the incident the Health and Safety department made recommendations to Charles Grant.

"I provided Mr. Grant with a guide for safe entry into confined spaces, which I gave out to all sanitation companies to prevent another fatality.'' The case continues today before Puisne Judge the Hon. Justice Meerabux and defence is being represented by Mr. Richard Hector.

The Robin Hood has since been under new management and the new owners of the business (now called The Mirage Limited), Mr. Rick Olson and Mr. Gary Sheppard, have stated that the lawsuit has nothing to do with their business.