Collman, Neil v Air Jamaica Ltd

IN THE SUPREME COURT OF JUDICATlClRE OF JAMAICA

CLAIM NO. HCV 00052/2004

BETWEEN NEIL COLLMAN

AND AIR JAMAICA LTD.

CLAIMANT

DEFENDANT

Mr. Gordon Robinson and Ms. Winsome Marsh for the Claimant

Mr. John Graham and Ms. Michelle Smith instructed by John Graham

& Company for the Defendant

Heard: 22nd, 23rd February, 31" March, sthA pril and 1 2 'M~ ay 2006

Sinclair-Haynes J

Calamity visited Mr. Neil Collman who was an aircraft technician employed to

Air Jamaica on the 12''' November 2002. On that fateful day he was arrested by the

United States of America (US) Immigration authorities for breaching their immigration

law. His misfortune began when he was instructed by Air Jamaica's officers to travel to

Philadelphia in the US to do relief work on their aircraft. He was provided with a B1

Visa on which to travel.

Upon arrival at the Philadelphia Airport, Air Jamaica's manager and

representative applied for the necessary identification which would enable him to work in

certain areas of the airport. The identification included a badge which was issued by the

US Customs. The airport identification was issued but the customs badge was not.

Mr. Rupert Auld, Air Jan~aica's duty engineer at the said airport made enquires

concerniilg the badge. The LiS Custoins then requested Mr. Collman's passport for