Dotting, Elaine v Carmen Clifford, The Spanish Town Funeral Home

IN THE SUPREME COURT OF JIJDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. 2006HCV0338

BETWEEN ELAINE DOTTING

AND CARMEN CLIFFORD

(Executrix of th'e Estate of

Dr. Royston Clifford)

CLAIMANT

FIRST DEFENDANT

AND THE SPANISH TOWN SECOND DEFENDANT

FUNERAL HOME LTD.

IN CHAMBERS

Ms. Georgette Scott instructed by Car:!bbean Advocates for the Claimant.

Mr. Kevin Williams instructed by Grant, Stewart &Phillips for the Defendants.

Februarv 13, & March 19, 2007

C)

1. The facts of this case are unusual and are not so pleasant. The claimant's

husband died on February 13, 2003 vvhile the claimant was abroad. His body was

taken to the second defendant's hneral home by his children for storage pending the

claimant's arrival for proper hneral arrangements to be made. When the children

returned for the body of the deceased, it was discovered that it had badly deteriorated

beyond recognition. The claimant, upon her arrival on the island, also viewed the

remains of her late husband. Upon seeing the body, she fell ill and according to her

averments, as supported by the medical report of a consultant psychiatrist, she

suffered, inter alia, nervous shock, adjustment disorder, depression, trauma and

emotional devastation.

2. Subsequently, following on di:;cussions between herself and Dr. Royston

Clifford, a director of the second d.efendant, a settlement was arrived at for