Merritt, Kimola, Charm Jackson v Dr. Ian Rodriquez, The Attorney General

SUIT NO. C.L.M. - 036 OF 1991

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

BETWEEN KIMOLA MERRITT lSPTLAI NTIFF

(Suing by her mother and

Next Friend Charm Jackson)

AND NOW CONTINUING AS lSPTLAI NTIFF

UPON 'THE DEATH OF lSPTLAI NTIFF

By Order of the Court made on the 2oth

Day of January, 1997

AND THE SAID CHARM JACKSON 2ND PLAINTIFF

AND DR. IAN RODRIQUEZ DEFENDANT

AND THE ATTORNEY GENERAL ADDED DEFENDANT

Norman Samuels and Miss Carol Vassall for the Plaintiff

Winston Spaulding Q.C. instructed by Miss L. Parker for lSDetfe ndant

Patrick Foster, Miss Kathleen Francis and Miss Karlene Larmond instructed by

the Director of State Proceedings for the 2" Defendant

HEARD: July 20-23; 26-29, 2004; September 27-29, 2004; October 1 and 8,

2004 and July 21,2005

M. Mclntosh, J.

The plaintiffs filed an action against the lsdetfe ndant on the 4th February

1991, in which they alleged that the lsdetfe ndant failed to properly treat the now

deceased lSplatin tiff (Kimola Merritt) in September 1986 at Savanna-la-mar

Hospital and this failure resulted in the ISpla'in tiff being severely brain daniaged

and disabled.

The facts are ,that Kimola Merritt developed a high fever, running nose and

swollen face on or about 4th September 1986. Her mother Charm Jackson (znd

plaintiff) took her to the Savanna-la-mar Health Clinic where she was given