Merrick (Herman) Samuels v Gordon Stewart, etal

 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO 2OOl/S - 081

BETWEEN MERRICK (HERMAN) SAMUELS CLAIMANT

AND GORDON STEWART FIRST DEFENDANT

AND ANDREW K. REID SECOND DEFENDANT

AND BAY ROC LIMITED THIRD DEFENDANT

IN CHAMBERS I

I ~ Mr. Leonard S. Green instructed by Chen, Green and Company for the

0 claimant

Mr. Dave Garcia and Mr. Nigel Jones instructed by Myers, Fletcher and

Gordon for all the defendants

November 30,2004, December 10 and December 23,2004 i

Sykes J (Ag)

APPLICATION FOR SUMMARY JUDGMENT

1. The claimant was severely injured by a motor boat on November 13,

2000 while he was swimming in waters near a hotel known as Sandals

Montego Bay. He filed suit against all three defendants seeking

compensation for his injuries. The first defendant is alleged to be the owner

of Sandals Montego Bay. The second defendant is alleged to be an

employee of the hotel and the third defendant is alleged to be the operator

of the hotel. It is not necessary for me to state any more of the facts

having regard to my decision. I shall confine by analysis to the sole issue

that has been raised during the hearing of this application which is whether