Man suing Norman Manley airport for negligence does not have to pay security deposit, court rules

The Supreme Court has ruled that a man suing the Norman Manley International Airport after he suffered injuries after a chair he was sitting on collapsed does not need to put up money to pursue his legal action.

The Airports Authority of Jamaica and NMIA Ltd, who are respondents in the claim, wanted United States resident Keith Nethersole to put down a security deposit as part of his lawsuit.

Nethersole filed a suit in July 2013 against the entities to recover damages.

He is claiming that he was severely injured when a chair he was sitting on collapsed in August 2011 when he was in the pre-boarding area of the Norman Manley airport.

The respondents filed an application in the Supreme Court in January 2021 seeking an order for security for costs in the sum of $1.7 million.

They contended that Nethersole resided in Florida, which was outside the jurisdiction, and had no assets in Jamaica to satisfy the costs of the litigation in the event he was unsuccessful in his claim.

Justice Pamela Mason heard the application and ruled that it was not just to order a security for costs.

The judge said that the circumstances and documentation did not suggest that the claim was a sham.

“An order for security for costs, in light of Mr Nethersole's admitted financial status, would unfairly stifle his valid claim,” the judge said.

The respondents filed an application for leave to appeal the judge's ruling on the basis that although Nethersole indicated that he did have some assets and was willing to pay $400,000 as security for costs, the judge failed to make an order in any amount whatsoever.

Last week, President of the Court of Appeal Justice Patrick Brooks, Justice Almarie Sinclair-Hanes and Justice Georgiana Fraser refused the application for leave to appeal and said the appeal had no real chance of success.

The court found that the judge's assessment was well-reasoned, therefore there was no basis for disturbing it and ordered each party to bear their own legal costs.

King's Counsel Maurice Manning and attorney-at-law Chevant Hamilton instructed by Samuda &Johnson represented the applicants.

Attorney-at-law Phyllis Dyer represented Nethersole and argued that her client had a valid claim and there was no basis for disturbing the judge's order.

Attempts at mediation failed and the suit is set for trial from June 3 to 6 next year in the Supreme Court.

The respondents have filed a defence acknowledging that Nethersole was injured and initially treated by their nurse at the airport.

They have denied liability and have asserted that they were not negligent as they had procured the chair from a reputable supplier.

- Barbara Gayle

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