Barbara Gayle, Staff Reporter

The Jamaica Public Service Company Ltd. (JPS) has won its appeal against a Supreme Court ruling that it should pay $3.8 million to a businesswoman whose house was destroyed by an electrical fire on May 12, 1999.

Winsome Patricia Crawford-Ramsey, of Dunder Hill, near Junction, St. Elizabeth, had sued the JPS for negligence.

She said her house and the contents were destroyed by fire which started as a result of the company's failure to maintain the transformer and electrical wires located in proximity to her house.

JPS, which was represented by attorney-at-law David Batts, appealed, and the Court of Appeal set aside the award of $3.8 million on the grounds that Crawford-Ramsey failed to prove that the transformer had malfunctioned and was the effective cause of the fire to her house.

Crawford-Ramsey claimed the transformer emitted sparks and what appeared to be a ball of fire emerged from the transformer, travelled along the electric line towards her house and, shortly after, her house was engulfed in flames. She asked the court to infer that the transformer malfunctioned.

Transformer was in working condition

The JPS contended that the transformer was in good working condition and was not the cause of the fire. Mr. Batts submitted that there was uncontradicted evidence that the wires leading from the transformer were not burnt. He submitted that the trial judge ignored the evidence of the witness for the JPS that the wire was burnt just at the connection at the house. Mr. Batts submitted that there was evidence from witnesses for the JPS that, if the ball of fire had originated at the transformer, other customers would have been affected, poles and power lines would have been damaged and the transformer could not have been reset the same night.

The Court of Appeal held that no blame could be attributed to the JPS and Crawford-Ramsey failed to prove that the transformer had malfunctioned and that it was the effective cause of the fire.