(CNS): A client who was skewered in the eye by a piece of rusty rebar protruding from a wall at Dolphin Discovery has been awarded US$500,000 in damages so far, but could get more more following his successful claim against the park. John McDow (39), from the US state of Georgia but residing here at the time, was injured while visiting the West Bay Dolphinarium in 2017.
His full claim has yet to be assessed, but this month he was awarded a second payment of $150,000 by the courts in the Cayman Islands. According to court documents, park owners made a voluntary payment of $350,000 last April, a year after the company partially admitted liability for McDow’s injuries.
The full value of his damages will ultimately be determined in a new hearing based on the injuries he suffered and their long-term impact, as well as his medical bills and loss of earnings.
McDow required complex surgery for his eye injury and has since suffered a number of other complications, including severe headaches, which he said had impaired his ability to work. The main challenge for his future job prospects is that he can no longer spend long periods of time using computers.
Even though the final sentence has not been settled, the law provides for interim payments to cover medical bills or other expenses, and because McDow is struggling to work, he seeks to buy a business to give him income.
After hearing the interim payment request in June, Judge Alastair Walters ordered an additional payment of US$150,000, noting that he was cautious and that the final payment would likely be higher.
See the judgment on the court websitecase # 231/2018