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Flickenger, Elita v David Preble & Xtabi Resort Ltd
Case Number:
C.L OF 1997/F-013
Presiding Judge:
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.