Man Shot in the Back by Policemen Awarded J$40M

A 20-year-old man – Lloyd Clarke, an apprentice mason of Savanna-la-Mar, Westmoreland – who was shot in the back by a policeman, was recently awarded a record J$40 million in damages settlement by the Supreme Court. The award is one of the highest ever in a personal injury suit against the state.

The court heard evidence that on July 24, 2006, Clarke was walking on Barclay Street, Savanna-la-Mar, when he was shot in the back and right elbow by one or other of three policemen (Corporal E. F. Quest, Constable R. Barrett and District Constable M. Bernard) who were named as defendants. His spinal cord was completely severed which caused complete paralysis from the waist down. Medical evidence revealed that he will never be able to work again as a mason, and is totally dependent on someone to help with his personal hygiene.

Clarke sued all three policemen and the attorney general to recover damages. Acting Supreme Court Judge Sarah Thompson-James heard evidence in the matter, and ruled that the defendants were liable to pay damages. Mr. Justice Roy Anderson assessed damages last week and ordered the Government to pay general damages of $26 million with interest for pain and suffering and loss of amenities. He was awarded US$7,500 (J$600,000) for a motorised wheelchair, $3.3 million for loss of future earnings and $7.8 million for future nursing and personal care. Legal costs of $76,000 were also awarded.

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