Local attorney sues court over slip and fall

(CMR) Local attorney, Margeta Facey-Clarke, is suing the Cayman Islands government after a slip and fall incident on November 11, 2016, which she claims has permanently changed her life.

The lawsuit, filed on October 30, states that while working at the Judicial Administration Building on Edward Street, George Town she slip and fell shortly before 11:00 am on some steps that lead to the attorneys well. The incident was witnessed by several persons including her client and several members of the media and other attorneys.

The Writ of Summons claims that the government has failed to ensure the safety of the steps and has not complied with the Standard Building Code for the Cayman Islands; thus breaching its common law duty of care. It further states that “the steps on the staircase were of uneven height” and did not meet the requirements of the Cayman Islands Building Code and Regulations. Further, she states that they did not properly maintain the carpeting on the floor which allegedly contributed to her fall.

As a result of the fall, she alleged injuries to her neck, middle and lower back and bruises to other areas of her body. She was treated at the government hospital for pain, numbness and torn muscles. She found it difficult to carry on her daily duties without immense pain. Eventually, she underwent back surgery on November 16, 2018, at the Laser Spine Institute in Tampa, Florida.

She further shares that the deterioration led to her having to downsize her legal practice and “part with her executive legal assistant that was employed by her law office for over 12 1/2 years. She also closed her office after some 16-years in Elizabethan Square. She did admit to having back problems back in 2013 that was being managed. However, this slip and fall impacted her “fairly healthy and active lifestyle”.

The lawsuit also includes another set of defendants when she was involved in a motor vehicle accident in January 2019. She claims that Leroy Whorms and Kaylee Whorms were responsible for hitting her Mercedes Benz vehicle in the vicinity of the Camana Bay roundabout. The driver, Kaylee Whorms, was found guilty by a court in August 2019 of careless driving.

This accident further exasperated her back injuries which she had almost fully recovered from and required further lumbar surgery overseas in February 2019. She now claims that she's unable to drive most days and is partially handicapped “and her life will never be the same again”.

The insurance companies for the Whorms family are also listed as parties to the lawsuit. She seeks damages for pain and suffering, medical costs, loss of income and other expenses.