Flickinger, Elita v David Preble & Xtabi Resort Club & Cottages Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. C.1,. F 013 OF 1997

BETWEEN ELITA FLICKINGER

(Widow of the deceased ROBERT FLICKINGER)

CLAIMANT

AND DAVID PREBLE

(f/a as XTABI RESORT CLUB & COTTAGES) FIRST DEFENDANT

AND XTABI RESORT CLUB & COTTAGES LIMTEB SECOND DEFENDANIT

IN CHAMBERS

Mr. Ainswarth Campbell for the claimant

Mr. Christopher Samuda instructed by Piper and Samuda for both defendants

November 6,23, 2004, December 16, 2004, January 6,14,21,28,31,2005

Sykes J

APPL.ICATION UNDER RULE 20.6 OF THE CIVIL PROCEDURE RULES

1. This judgment is only in respect of one of three applications made by the claimant. The

other two applications have been dealt with and will not be mentiorled any further except in

relation to costs.

2. It was February 1995. Mr. and Mrs. Flickinger were drawn to the isle of Jamaica. Flr.

Flicltinger loved the sea. He loved to be in the sea. In fact, he was an avid snorkeller. It might

be that the opportunity for snorkeling attracted him to the property in West End, Negril,

Westmoreland at which the Xtabi hotel is located. An added attraction might have been the

famed sunset in that part of the island. This area of Jamaica has attracted all sorts for a l0r1g