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Nurse wins civil case against Gov’t

Mrs. Alves was injured on the job April 9, 2003.
ROAD TOWN, Tortola, VI (Posted 6:27 am) - A nurse, who sued the Government in 2007 for negligence, won her civil case last month with Judge Indra Harriprashad-Charles instructing that the “matter should proceed to the assessment of damages.”

The claimant, Daphne Alves was employed on February 17, 2000 by the Government of the Virgin Islands as a nurse and was assigned to Peebles Hospital, and on April 9, 2003, she was injured at her workplace when a bed collapsed.

At the time, she was attending to an elderly patient suffering from Alzheimer’s disease.

In light of this, she sued the Attorney General on December 17, 2007, for damages as a result of the injuries which she suffered, pointing out that as her employer, the Government, owed her a duty to take reasonable care for her safety.

However, the Attorney General Baba Aziz in his defence admitted the negligence but denied the claimant’s entitlement to damages alleging that she is not entitled to any of the relief sought by virtue of the combined effects of section 2 of the Public Authorities Protection Act (PAPA), Cap. 62 and sections 2, 26 and 27 of the Crown Proceedings Act.

Aziz also argued by virtue of the combined effects of the above-named Acts, in that, the claim herein was filed on December 17, 2007, was more than six months after the neglect or failure of the Crown to, among other things, provide and maintain proper plant and equipment at Peebles Hospital and the resultant injury to the Claimant on April 9, 2003.

But in handing down her judgement on October 24, 2011 Justice Hariprashad-Charles stated, “I can do no better than to echo the sentiments of Redhead JA. In summary, the default complained of is the breach of the private duty arising under a contract of employment between the Government and Mrs. Alves and not any public duty which in the case of the hospital, could only be owed by the Board that was tasked with the management of the hospital to the public. It follows therefore that the claim does not come within the provisions of the PAPA.

“In my opinion, the Government is not entitled to the protection of the PAPA. I would therefore dismiss the application with costs to Mrs. Alves to be assessed if not agreed. The matter should proceed to the assessment of damages.”

Mrs. Alves was represented by John Carrington of Mc W Todman & Co.

12 Responses to “Nurse wins civil case against Gov’t”

  • well sa (30/11/2011, 07:36) Like (0) Dislike (0) Reply
    I am worried about Government Lawyers in that Attorney General Chambers. They seem to be vetting and advising based on grammatical errors. They are not properly advising Government at all and this is sad.
    • oprn the book (30/11/2011, 11:29) Like (0) Dislike (0) Reply
      i am happy Aziz is leaving as he was one of the wprst AG in the history of the bvi...he cost we tax payers huge sums of $$$$$$$ in poor case preparation and bad advise to government!
    • too much talk (30/11/2011, 17:12) Like (0) Dislike (0) Reply
      You must be referring to the SG, that sounds like her style of advising, she too afraid to do much more than that.... I hope the NDP look into her because she's part of the problem, local or expat, if she's a fraidy cat she can't serve this country effectively and many have complained about her, maybe now something will be done!
    • billyb (30/11/2011, 19:37) Like (0) Dislike (0) Reply
      i hope that the alziemers patient she was tending to ain the one in the bed that fell down on her. Next thing, when are we going to accept things as just an unfortunate accident and not so ticklish to sue. With that kind of name, it doesnt sound as if she is from here. So when you give her the money, send her home to spend it.
      • about time (01/12/2011, 15:24) Like (0) Dislike (0) Reply
        You sound so stupid with that statement what does her name has to do with it? everybody has the right to sue, I guess because she aint from here she should just leave it along? if it was you I am sure you would have seek legal action as well, sometimes some of u dose really make the BVI looks bad with those senseless comments.
  • bad people (30/11/2011, 08:33) Like (0) Dislike (0) Reply
    Not surprised for when coming to the treatment of civil servants is the worst in the region because there is no unions…the government lost three cases against civil servants last year and got another three to loose including the Rosa case….dem to wicked.
  • critic (30/11/2011, 08:39) Like (0) Dislike (0) Reply
    man ayo try and pay the woman her money
    • BREAKING NEWS (30/11/2011, 10:15) Like (0) Dislike (0) Reply
      @ crtic...Remember is your VIP Gov't that did not pay her. I'm glad the Judge make judgement in her favor, VIP too wicked!!
      • fact check (30/11/2011, 11:17) Like (0) Dislike (0) Reply
        check the record between 2003-2007 when four public officers sue government under the NDP government for unfair dismissal....who more wicked??? now they have two more coming real soon...
  • Jog (30/11/2011, 11:08) Like (0) Dislike (0) Reply
    Baba Aziz is so sick!! Of course gov is responsible for damages what kind of Attorney General are you?????
  • Brad Boynes (30/11/2011, 11:50) Like (0) Dislike (0) Reply
    Das when you hire foreigners to do ur thinking. trouble must come.
  • Well Well (30/11/2011, 21:04) Like (0) Dislike (0) Reply
    This is only the beginning. More fall out from the last four years soon to come. Y'all brace up!

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