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 Court List - SUPREME COURT OF JUDICATURE OF JAMAICA - Civil Division - June 17th 2019

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 Court List - SUPREME COURT OF JUDICATURE OF JAMAICA - Commercial Division - June 17th 2019

 

 

Flickenger, Elita v David Preble & Xtabi Resort Ltd

Case Number: 
C.L OF 1997/F-013
Date of Delivery: 
29.04.2009

Claim in negligence or breach of duty under Occupiers'

Liability; Claimant's husband drowned while snorkeling

off Negril Coast while guest at Xtabi Resort; whether

proper defendants sued; whether deceased was warned of

dangers; whether breach of duty on the part of

defendants or either of them; Whether deceased

accepted risk of swimming in rough seas; whether Act of

God; whether witness credible in light of previous

inconsistent statement; causation/foreseeability in Tort

Law.