(CMR) A man who sued Dolphin Discovery Limited for injuries he sustained on their property in 2017 has been awarded US$500,000 in interim payment to cover medical and legal expenses as he awaits a final payment.
According to court documents, John McDow (39) was reportedly walking along an external walkway beside the exterior wall adjoining the sea shore at Dolphin Discovery attraction when he stopped and bent down to observe fish in rock pools. As he stood up, he leaned towards the wall to get his balance, but before his hand could make contact with the wall, an uncut piece of rusty reinforcing bar jutting out of the wall broke through the right lens of his sunglasses and penetrated his right eye. This resulted in him falling to the ground, causing further damage to his head, ear, and nose.
As a result of injuries to his eye and face, McDow suffers an orbital wall defect to the right eye, diplopia on a lateral glaze and looking upwards and downwards, severe occipital headaches, and cerebrospinal fluid leakage from the right eye, requiring care from a neurosurgeon.
McDow claimed that the injuries suffered were a result of negligence on the part of Dolphin Discovery and that he is entitled to general and special damages. In 2020, both parties agreed negligence was 50/50, with damages to be assessed. However, last year Dolphin Discovery made a voluntary interim payment of US$350,000.
In a summons filed in May 2022, the plaintiff seeks a further interim payment in the sum of US480,000 or as the court considers just.
The judge awarded an interim payment of US$150,000 at this stage to avoid the plaintiff receiving an overpayment.