Barbara Gayle, Staff ReporterA JAMAICAN woman whose son was killed by an on-duty security guard nearly 19 years ago, has won her appeal before the United Kingdom Privy Council against a Court of Appeal ruling.
The Court of Appeal had ruled that security companies were not liable for the wrongful acts committed by security guards while they were on duty.
Inez Brown, mother of 19-year-old Andrew Reid, higgler, of Tivoli Gardens, Kingston, who had been awarded $3 million in damages by the Supreme Court, had seen the ruling reversed by the Court of Appeal.
David Robinson, employed to Sentry Service Co. Ltd., had shot and injured Reid on October 8, 1985 at a football match between Tivoli Gardens Comprehensive High School and St. George's College at Sabina Park. He died in January 1986.
Brown had sued Robinson and Sentry to recover damages arising from the incident. The Supreme Court awarded her $3.7 million in damages against Robinson and his employer on December 18, 1998.
Sentry appealed and the Court of Appeal allowed the appeal in November 2001. The Court in handing down its written reasons in April 2002, said that Robinson committed an excessive act which was outside the scope of his employment therefore his employer was not liable. The court called for an amendment to the Private Security Regulation Authority Act, so that employers can be liable
for wrongful acts committed by security guards in the course of their employment.
INTERIM PAYMENT
The Privy Council, however, disagreed, and in setting aside the Court of Appeal's decision, ordered that Brown should be paid an
interim payment of $1.2 million immediately.
The Privy Council said that the Court of Appeal, in its final assessment of damages, must reflect the circumstances of the assault, the public indignity inflicted upon the deceased and the fear which the deceased may have felt when the assault took place, and decide whether that amount should be increased.
Sentry Service Co. Ltd. and
security guard David Robinson are the respondents in the case and are liable to pay the award.
