Flickenger, Elita v Preble, David and Xtabi Resort Limited

Case Number: 
C.L OF 1997/F-013
Date of Delivery: 
10.11.2010

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.

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