NASSAU, BAHAMAS — A man has been awarded over $166,000 in total damages, inclusive of interest after an accident at a Chinese restaurant where he was employed resulted in him suffering burns covering up to 30 percent of his body.
The claimant, Daquille Missick, also known as Daqquille Hanna and Bennet Hanna, sued Chi Keung Yuen trading as Canton House Chinese restaurant back in 2017, claiming personal injury, loss, and damage. The restaurant ultimately failed to file a defense, and the claimant then entered Judgment in Default of Defense on May 17th, 2022, and sought to have damages assessed on August 5th of that year.
The evidence produced on behalf of the claimant comprised his testimony and the evidence of Dr. Colleen Fitzcharles-Bowe, all of which went unchallenged.
The claimant suffered second-degree burns to 21-30 percent of the upper body, which required a split-thickness skin graft. The court ruled that BSD $80,482.70 be awarded for general damages for the burns received by the claimant.
Regarding the loss of earnings claim, the court noted that at the time of the accident, the claimant was earning $200 per week. Due to the accident, the Claimant was unable to work for nine weeks, resulting in a loss of $1,800.00 in earnings. As the claimant was unable to claim National Insurance benefits due to insufficient contribution, the Court awarded the claimant $1,800 for loss of income.
The claimant also sought $210.00 per week for nine weeks of assistance provided by his mother following his discharge from the hospital. The court, considering the circumstances, awarded the sum of $125 for the cost of this care.
The claimant provided invoices from the Princess Margaret Hospital dated December 19th, 2015 ($190.00), and March 29th, 2016 ($3,079.68). As a result, the Court awarded the sum of $3,289.68 for medical expenses.
The Court considered a reasonable sum for damages in total to be $85,697.38 and when considered with interest the total of damages amounted to $116,377.67.
Edmund Turner, Acting Registrar, handed down the decision.
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