UWI ordered to pay millions to former student for injuries suffered from fall

The University of the West Indies has been ordered to pay $6.8 million in damages for negligence to former law student Michele Theresa Lee who slipped and fell on a wet surface on campus in 2011. 

Justice Tara Carr, in handing down judgment, ruled that liability was apportioned at 80 per cent to the university and 20 per cent to Lee. The original sum before the 20 per cent deduction was $8.5 million. 

Lee suffered serious injuries to her cervical and lumbar spine and medical evidence was given to support her claim that the injuries from the February 14, 2011 incident were affecting her daily life. 

She is now an attorney. 

She had filed a negligence suit in 2017 against the university for damages for personal injury and loss suffered as a result of the accident, which occurred at the Faculty of Law. 

Lee's evidence was that it rained on the day of the incident, and she entered the open space area at the faculty a few hours after the downpour stopped. 

Prior to her slipping and falling, she said she did not observe any water on the floor.

It was after she got up that she realised as her hands and clothes were wet. 

Under cross-examination by lawyers for the defendant, Lee said there was a significant amount of water on the floor.

It was suggested to her that with the presence of a significant amount of water on the floor she would have seen it if she was taking care.

But she disagreed with the suggestion. 

She also denied the suggestion that she was distracted because she was walking and talking with her friends. 

Evidence for UWI was given by Marjorie Henry, Facilities Manager for the Faculty of Law who said the incident took place in an outdoor space and it was expected that passers-by would be able to notice that the area was wet due to the heavy rainfall that day.

She explained that the area was well lit and the presence of rainwater should be visible to the naked eye. 

She described the area as having non-slip tiles which were designed to safeguard visitors from the risk of slip and fall injuries.

She said the grounds were regularly monitored for hazards. 

Cross-examined by Lee's lawyers, Henry said she could not recall whether the area was monitored after it rained.

She agreed it was necessary to put up signs in that area when it rained. 

Carr, in handing down her decision last month, said both the UWI and Lee were acutely aware of the fact that with rainfall the area could possibly become inundated with water.  

The judge said it was not unreasonable for UWI to be asked to clean up the area after a shower of rain since it was the access point to so many other places along the corridor. 

The necessity for signs was made plain by Henry and the admission they were not present was sufficient to find that the defendant breached its duty of care to Lee, the judge emphasised. 

“I therefore accept the evidence of the claimant and her witness that the water was not observed by them while they were walking,” the judge ruled.  

However, the judge found that given the significant amount of water that must have been present on the floor based on Lee's evidence, “I do not find that she was paying close attention to her surroundings on the day in question.” 

The judge ruled that in those circumstances, both parties must share liability. 

However, Carr said the UWI was negligent, as it breached its duty of care, which resulted in Lee's injuries.

The judge said she was not satisfied that the university did all it reasonably could to ensure the safety of the users of the premises. 

“I would appoint liability in this case at 80% to the defendant and 20% to the claimant,” the judge said. 

General damages were awarded in the amount of $6.8 million with interest at three percent from June 9, 2017 to June 16, 2023. 

Lee was not awarded damages for handicap on the labour market as the judge found that there was no evidence to support that claim. 

Lee was awarded special damages of $372,743 with interest.

UWI was ordered to pay 80 per cent of Lee's legal fees while the former student will cover 20 per cent of the university's costs.  

Attorneys-at-Law Christine Hudson and Judaska Shaw instructed by K Churchill Neita and Company represented Lee. 

The UWI was represented by attorneys-at-law Matthew Royal and Immanuel Williams instructed by Myers, Fletcher & Gordon. 

- Barbara Gayle

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