Lee, Vanura v Petroleum Company of Jamaica Ltd & Juice Beef Ltd
| Jurisdiction | Jamaica |
| Judge | Straw, J. (Ag.) |
| Judgment Date | 16 December 2004 |
| Judgment citation (vLex) | [2004] 12 JJC 1601 |
| Date | 16 December 2004 |
| Court | Supreme Court (Jamaica) |
| Docket Number | SUIT NO. 2003/HCV1517 |
DAMAGES - Explosion - Personal injuries - Pain and suffering - Loss of amenities - Post-traumatic stress disorder - Major stress disorder - Special damages
The Claimant, Vanura Lee is twenty four years old. She left high school at age seventeen with two Secondary School Certificate (S.S.C) subjects, Maths and English. She did a course in cosmetology at Success School of Beauty after leaving school and worked for a period of eleven months at M and M Beauty Salon. She then commenced working at Juici Beef Limited. On the 13 th May, 2002, while at her place of employment, she was badly burnt by the explosion of a gas cylinder caused by the negligence of the 1 st defendant's employees.
Injuries of the Claimant
She was admitted to the University Hospital of the West Indies on the same day. The reports of Dr. Mitchell, Exhibits 1 & 2 revealed that she was suffering from injuries described as partial thickness burns to the face, neck, left upper and both lower limbs which affected an estimated (twenty seven percent) 27% of her body surface area.
Her treatment included the following:
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• Tetanus prophylaxis and analgesia administered.
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• Standard fluid resuscitation and burn wound care instituted. This comprised twice daily water jet debridement and topical flammazine ointment to the wounds except the face where topical tetracycline cream was used.
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• Daily physiotherapy.
Ms. Lee described her experience in the hospital in the following words.
"They took me to bathroom. Put me in shower and scrubbed my skin —. Feeling a whole heap of painmndash; I was screaming. My skin was falling off and bleeding."
This procedure was repeated in the following days. After the shower she would be wrapped with a cloth and flammazine ointment applied. She would then be wrapped in plastic.
In relation to the physiotherapy, she stated that it commenced after one week, that it was daily. She explained that she experienced pain while doing these exercises.
Dr. Mitchell's report indicated that she made excellent progress and her wounds healed well. She was discharged on the 3 rd June, 2002 for outpatient review on a weekly basis.
She remained in hospital for a period of three weeks.
Emotional and Psychological Issues.
Ms. Lee has a son, Nicolay Barrett, who is now three years and eleven months old. When the child visited her in hospital, he did not want to come to her because of her physical appearance. This reaction continued for some time even after she went home and caused her to cry. The child's father is Alphanso Barrett. They got along well together. She had known him for five years, she loved him and they had an exciting sexual life.
After the fire, she reporfedthat the relationship was on edge. He would visit her three times per week previously. After she came out of hospital, he came only once. He has since migrated. She feels sad that he is no longer part of her and Nicolay's life. This also caused her to cry a lot but her mother has been a source of great comfort.
She feels emotionally low because she could not do all the things she used to do. These activities included wearing revealing clothes. She no longer does so because of the scars on her hands.
The court notes burnt scars and raised formation on both arms, especially the left. Also scars on the left thigh and in the area of both ankles.
In Dr. Mitchell's report, dated 12 th June, 2003 (Exhibit 2) he notes that there is hypo pigmentation over both Achilles tendons and the dorsum of the left hand and wrist. He also states that there is some hypotrophy noted on the left forearm. In his opinion, there will be no further improvement in her physical appearance.
Her self-image has been affected by the scars. She no longer feels attractive or sexy. She said that before the fire, a lot of guys would call to her without calling her names. She used to attend parties, dances and the beach. She still goes sometimes with her mother and sometimes with her friends although she does not really like to go to these places now.
I must remark that her mother has apparently been a source of tremendous support for her.
People make comments about her appearance. Some call her 'bun up gal',some scorn her. She reports that this happens quite often. She experienced nightmares after the fire, maybe up to four times per week.
This, however, has decreased to about once per week. She still cries when she looks in the mirror and sees her skin. She used to have suicidal thoughts but this is of the past. She reports that she does not feel bright about her future and she no longer makes decisions very well.
It is quite clear that the incident has had a great psychological impact on Ms. Lee. Dr. Ruth Doorbar. a consultant psychiatrist, examined her on the 3 rd July, 2003 and the 4 th December, 2003. She reports that Ms. Lee suffers from depression with associated memory impairment, recurrent nightmares of the fire, anxiety state and very severe social and personal disruption. She recommended referral to Dr. Arscot, a plastic surgeon, who might be able to improve her physical appearance, also six months of psychotherapy to overcome her depression.
Up to the date of trial, Miss Lee had not visited Dr. Arscot's office so the court has no medical evidence concerning the possibility of improvement in her physical appearance. Dr. Mitchell did however suggest that there would be no further improvement.
Ms. Lee was seen by Dr. Abel, a...
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Brown (Angeleta) v Petroleum Company of Jamaica Ltd and Juici Beef Ltd
...... decision in respect of injuries of this nature is that of the claimant's co-worker, Vanura Lee v Petroleum Co. of Jamaica Ltd. & Juici Beef Limited 2003 HCV1517, delivered December 16, ......