Four years after she fell in an open grave at the Roseau Roman Catholic Cemetery Safiya Shillingford, who had taken the Roseau City Council (RCC) to court for negligence, has won her case with the court awarding her $46,344.63.
Shillingford took the council to court after she fell in the grave on the evening of November 1, 2008.
In her suit, Shillingford stated that she fell in a 6-foot uncovered grave during the traditional ceremony of the “lighting of the graves.”
She said she suffered and continues to “suffer pain, injury, loss and damage” and said injuries include “fracture Tibial Plateau/Posterior Tibia Bone-left knee/leg.”
According to the facts as filed and as contained in the statement of claim, “On November 1, 2008 at approximately 7:00 pm, Shillingford (the Claimant) was in the Roseau Roman Catholic Cemetery participating in the lighting of the graves, which is an annual Roman Catholic event, when she fell into an open grave which was more than 6 feet deep.”
Shillingford, through her lawyers Heather Felix-Evans and Jeffrey Douglas-Murdoch, told the court that the accident was “caused as a result of the negligence of the RCC, its servants and or agents who failed to cover the open grave to prevent or avoid visitors to the cemetery from falling into it and also taking into account the event that would be taking place at the Cemetery on November 1, 2008, failed to place and or maintain appropriate and sufficient warning at, or, close to the open grave to alert visitors of its presence.”
However, the RCC through its lawyer, Steven Isidore, denied Shillingford’s claim and said she was “negligent” and among other things “failed to take adequate precaution for her own safety.”
“The Claimant failed to take any or sufficient steps to avoid the alleged fall, being fully aware of the risk of walking in a graveyard at night,” he told the court. “She also failed to look where she was walking; walking/proceeding too fast in all the circumstances and in the premises failing to take any or sufficient care for her own safety.”
In the circumstances, according to Isidore, Shillingford was not entitled to any of the reliefs claimed against the RCC.
But in his 19-page judgment, Justice Errol Thomas stated, “in plain terms, the defendant owed the claimant a duty of care as it was reasonably foreseeable that persons like the claimant would come to the cemetery on the night of November 1, 2008 and fall into an open grave.”
The court also ruled that the grave diggers are employees of the Council and that the grave in issue was dug by the grave diggers employed by the Council in the course of practices and procedures of the Council in this regard.
“Indeed, there is no evidence that any other person or authority digs graves at the Roseau Roman Catholic Cemetery. This would render the defendant vicariously liable for the acts of their servants, being the grave diggers,” the judge wrote. “Accordingly, it is the determination of the court that the claimant’s injuries are attributable to the claimant falling into an open grave at the Roseau Roman Catholic Cemetery on the night of November 1, 2008.”
The judge continued, “This in turn would give rise to a breach of the duty of care owed by the defendant to the claimant. This consummates the allegation by the claimant that the defendant was negligent.”
“Accordingly, considering the claimants age, her present occupation which involves at least 5 hours of foot patrol when on duty, the opinion of the orthopedic surgeon as to future pain, the claimant’s inability to jog as frequently as before, plus the awards cited above, the award to the claimant is $35,000.00 for pain and suffering and $10,000.00 for loss of amenities,” Judge Thomas stated.
She was also awarded $1,344.63 as ‘special damages.’
Additionally the court awarded interest to Shillingford on the special damages at the rate of 5 percent per annum from November 1, 2008 to the date of the trial and on the general damages interest at 3 percent per annum from the date of service of the claim form to the date of trial.
A statutory 5 percent will apply after the judgment plus prescribed costs must be paid by the RCC, the judge ruled.
Congrats to you. That should have never made it to court.
I am so sorry
Oh lord, what is wrong with these people. I feel sorry for the lady. This must be traumatizing to fall into a grave hole. lord have mercy. didn’t they know that they should have cover the hole with pliéboard
The lady is entitled to every cent. If it were me I would be completely terrified. Seriously? This is carelessness on the part of the RCC. The correct picture is on Facebook. I was confused about this picture on DNO. Which part of the Roseau cemetery is close to the sea? Come on DNO give us the right pictures.
I looks like they was to put it on the grave diggers
make them pay what a big joke
this is a good ruling, taking into account that event takes place every november an at night the grave should have been mark by a light an boarded
so good one for health /safety in dominica
soD NO deleted my commernt…so I was right! This is a picture of the Massacre Catholic Cemetery !!!!!!!!….so much for incorrect reporting
Your eyes are good. I did not scrutinize the picture. Looking at it again, it is the Massacre cemetery.
It states she fell at the Roseau Cemetery. Why was this picture posted?
From what I have known in the past about this cemetery, it was not being used for at least some years. The cemetery is too small. Notice the slop. The cemetery was sinking. Below it is a precipice overlooking the sea. I always thought it needed a retaining wall which probably would cost some money.
Anyone with a cataract can see that this is not the Roseau Cemetery. I did not see where DNO stated that it was the Roseau Cemetery either. As a frequent reader of DNO it is not unusual for them to put up photos to depict the thread of the story. It does not mean that photos are from the actual events.
Hey we all fell into graves to but didn’t report it! Or do you want us to do it again?
Look bowdel
Very just judgement!
This gives me hope, hope that the health care worker who got electrocuted a few years back on the job and has since been incapable of working, will get justice!
As a lawyer why didnt you advised to settle. it is the RRC responsibility to cover the graves. REALLY
Sorry to hear that she fell in the grave and was hurt. Her injuries may affect her for life In all fairness, it was an oversight which is deemed as negligence on the part of the grave diggers to leave an empty grave opened considering that it was the evening of All Souls when many family and friends would be visiting and lighting the graves of their loved ones
Those in authority will always be the ones to bear the responsibility of those who dug the grave and left it opened. It may have been the first time this occurred. Nevertheless, they are held accountable for her falling into the grave.
It is unfortunate that they did not give it a thought to cover the grave in addition to placing conspicuous signs around it which all could have seen. If this were done, she probably would not have fallen-in and got injured.
I can imagine her trauma when she realized that she stepped over an open grave and fell inside. This was 6-ft deep. What if no one had seen her? If she did not cry out, she could have remained there all night. Fortunately she did not pass out after she fell-in. It was a terrible accident to happen to someone.
Their attendance did not take place during the day when people could probably see the open grave. It was in the dark of night which made the open grave invisible and doubly unsafe.
The cost has to be paid. I hope in future when graves are dug, be it with no one around, for safety sake they will be covered with planks extending from one end of the grave to the other. Then covered with a tarpaulin. Precaution is better than cure.
This is the norm in Toronto and no doubt elsewhere in progressive countries. Just prior to the arrival of the mourners, sympathizers and the hearse only then the grave is uncovered. Then later the coffin is placed over the grave. There are still planks over the top and end of the grave which the grave-diggers remove prior to lowering the coffin in the grave. I hope a lesson is learned and also from this procedure.
Shillingford, I hope this money will serve you well and that someday your pain and suffering will at least be decreased. Take heart. Pray to God for physical healing.
Now that the case is over and you are satisfied with the financial settlement, do your utmost not to harbor ill feelings against those who refused to compensate you in 2008, the authorities of the RCC in general. Pray to God for this healing of the heart.
May God bless you and heal you. Enjoy your life as best as you possibly could.
RSS should in return sue isidore for poor representation……what a poor defense.
Not only poor but juvenile and nonsensical. Lawyers need to properly advise clients. Mr. Isidore wasted both the Court and his client time.
I am very happpy for the lady . Its time authority and others concern have duty of care and are held responsible for their action.
the government of dominica nees to put health and and safety laws in place so we all can be more responsible in the work place and out in the public and at public activites.
WEe shouuld be very mindful that that this country will face a huge law suit or bring by a visting vistor from a country wherethe rule of law is in place and people abide by the rule of law.
Vistors come to international social activites in Dominica and I noticed there is no duty of care for people attending such activities. No health and safety laws in place in case of a emergency , no signs displayed waring people of protential harzards.
I was on my way back to Mellville halll airport last week via the bells road that is the road now under constructioin leading to the airport. .when we got halfway along the way there wasa concerte truck pouring concrete across a bridge and traffic was held up on both side of the bridge for almost 45 mimtues.
When I approach the contactor he said the road is closed to traffic . If a road is totally closed why should vehicles be allowed to use this road ? Wher are the road sign at the entry point that the road is closed? why should traffic allowed through an area under construction? We need answer
I can understand your frustration; also when you were held up in traffic and to be told that the road is closed to traffic. There should have been a sign both ways where it would be possible for the traffic to turn and take another road. It is time-consuming to drive back and take another road. Surely, there should be someone you could have reported this to and to ensure that it never recurs.
I blame both parties, when one is walking in a cemetery, u would expect to come across open graves. The council should remember of the event, the “lighting of the graves” the council should realize that there would be many people converging in the cemetery for the occasion,then there should be some sign to alert the people.
if it were you
Isn’t there paths in the cemetery for the people to walk on
“when one is walking in a cemetery, u would expect to come across open graves.”
You gotta be kidding me!!
Ikr? Many of us wear our ignorance like a badge of honour. Graves are actually supposed to be covered until such time they are ready for use.
Lawyer trying to say she should have watched where she was walking?? only in DA Cause where I live, I had three law suits just for slipping at different grocery stores, like slipping in a very little poodle of water in front the refrigerated area, on one grape, and a piece of paper all for three thousand US dollars each for pain and suffering ! Why? cause they have a right to protect there customers and keep the floors clean at all times, But DA is a big Joke as always ! joke !
Hey, i support your right to sue but, doh stretch it eh. You are walking in a supermarket or a market, you should expect to find a runaway grape or a puddle of water (probably a client’s frozen chicken may have been defrosting). So, when walking in certain areas, quite naturally you ought to be careful and look out where you walk. You have a responsibility in the matter as well.
This case, however, is a clear case of dereliction of duty by the Council. Leaving a grave uncovered? Ahwa.
This just shows you not minding your business whilst you walking.
according to asa bantan if my last name was shillinford
BOTH PARTIES WERE NEGLIGENT. The grave should have a cover and the lady should be watching her steps.
that is true
Wait a minute my people. That like saying if I’m walking in town on the sidewalk and twist my ankle in a hole that means i should be held responsible for not watching my step?
Shouldn’t we be able to walk without fear of getting hurt in public places?
If I’m her I would sue the Catholic Church as well seeing it is their cemetery.
But why the picture of the Massacre Catholic Cemetery if this incident happened in the Roseau Catholic Cemetery?
DNO please rectify this
If it was Massacre She would have fallen in the sea!
same thing i said.roseau cemetary has sea in background na?
can you imagine that Isidore is saying that she is negligent. What a shame on these lawyers. He tried the same thing with me but I place everything in the hands of GOD, he will give me my victory.
When He was negligent and did not pay the taxes for the land what penalty did He pay?
I agree the grave should not have been open but we need to look at the other side too. every time they have this event or a funeral people stepping and standing on other people grave, walking on it, trampling on the flowers. its part of our ill mannered do as you want culture. so it goes both ways as far as I am concerned. Stay away from people grave and you can be guaranteed not to full in! Good thing my mother train me.
Well, you know what our cemeteries are like. Where would the mourners stand?
She should have been awarded a lot more than that!
But why wasn’t the Roman Catholic Church sued as well…after all it is their cemetry
There are many more actions against the state looming. Look out for other matters relating to medical personnel and their failure to treat and or care for patients in their care. Some of these failures have resulted in injury and in some instances death. Matters involving police brutality and abuse of power are in the making as well.
We must get our act together and take the duty of care that we owe to other persons of our society seriously. What about the lawmen’s commitment to preserving life and property?
I know that the rule of Law is that everyone needs representation, but the Lawyers for the City Counsel dropped the ball. I do not know what kind of school they graduated from. Having a Lawyer sometimes it’s not always to go in front of a Judge or Magistrate, in some instances its to plead for you in order for you to get a lighter sentence or in the case of this woman and the City Counsel, to try to settle out of court. How can you have an open grave in a cemetery, knowing fully well that people are going to be there in the night and have your lawyer stating that its her fault she should be more careful. The public is being taken for granted to much. The judgement against the counsel seems fair..
Well-said.
So now Dominicans going to go sue crazy like in the USA, shutting down free enterprise cause nobody can afford malpractice/negligence insurance
They were trying to bury her alive.
It is sad that this lawsuit had to be filed. So we are getting to the age where we need legal remedies for a void in common sense. It seems sensible that you’d exert every ounce of caution traversing a cemetary at night – but society is getting to the point where in Dominica we’ll soon be suing a restaurant if we ate the hot food and burnt our tongues. That’s sad.
On the otherhand, the RCC left the door wide open by not exercising due caution – by leaving an open grave without any identifiable safety markers or barricades. And the notion of safety seems to be missing in Dominica…from lack of road signs to missing guard rails to absence of seatbelt laws. Public authorities should recognize the need to protect an ever increasing absentminded society… from themselves.
So, in essence, if we want to see less of these lawsuits, we should be seeing an increase in signs and barricades – signs warning that ‘ Caution: Our Hot Food Can Burn Yo Mout’ or ‘Caution: Don’t Pee Here, Someting might Jump Out an Bite Yu’, or ‘Caution: No Speed Limit in Dominica, so Drive at your own risk’, or ‘Caution: Cemetery Lighting can lead to early burial’, and so on…
Dno, since when 2008 to 2014 is 4 years?
that not money.. for all dem blows de lady get
they are seriously blaming the lady for falling into the grave? smh. Its a pity is the city and maybe taxes paying for it, she should have sued for more
my darling shillingford good good dem too careless wen come to public safety i wodda put ban all over my body and work wif a private doctor to get more money let them do their job properly :: coudda been me so congrats shillo
Good lady you have won your case and rightly so but you have not been paid yet. That is another struggle in our country, you win your case but never get paid. Bet Mr. Isidore got paid tough!
Amazingly the council tried to defend its action rather than settle out of court! This is good for justice for the lady but also hopefully can instill more safety measures in practice in Dominica particularly where this interfaces with the public. Too many things are taken for granted as not necessary, needlessly endangering the public. This includes construction areas as well.
Good judgment, and congrats to Safiya Shillingford! In the city of Atlanta Georgia, the city pays all the time for the repairs and damages done to vehicles caused by uncovered manholes, or potholes on the road. Same difference. No doubt, it’s the RCC responsibility to ensure the safety of the public in the cemetery whenever there are empty graves.
I UNDERSTAND THAT IT WAS NEGLIGENCE ON THE CITY COUNCIL ,BUT WHAT ABOUT OTHER POOR PEOPLE THAT HAVE HAD OTHER ACCIDENTS AND NO COMPENSATION.THIS IS DOMINICA AND HER NAME ALONE TELLS IT ALL.IF YOUR NAME DONT STAND OUT IN THIS COUNTRY YOUR NOTHING.
What hogwash!!! How does “name” feature here? If poor malaway did not stand up for themselves that is their business. How can you now try to take away the lady’s victory in the courts from her because YOU think her surname won her this victory? What kind of backward and assinine thinking is this?
well said
Well idiot!!!!!maybe these ppl should sue!!!! How u expect tosumone to win money and not sue… its not majic…. and wat surname nonse.se u tlkin bout!!!!
What does name have to do with this??? The lady did what she had to…I’m sorry for the other victims, but they should have done the same…maybe then, just maybe this lady would not have been a victim as well..because the RCC would have buckle up! We are too careless in this country, time for the necessary authorities take up their responsibilities, fix the side walks, cover broken drains (put signs) etc…sometimes u walk on slabs in Roseau and they doing see saw with u…that’s a risk! Is when someone falls in a drain. Or break a leg they will do something…Good court ruling…let’s hope she gets compensated soon and no dragging of feet
You really sott pal…you must be a dispora oui because you don’t seem to realize that in this day and age it have a set of poor malayway that carry the Shillingford name…it doh have much bourgoise Shillingford anymore nuh…so I highly doubt that her name had anything to do with it…
Bravo! Congrats to the lady and her team. I hope this serves as further warning to public officials who are often guilty of negligence of duty.
Fix dem potholes in the road before I sue for far bigger money (even the public managers i will target too). I pay taxes, i expect therefore to be able to use public space without injuring myself.
Well done!
So one can really sue in Dominica for just reasons n get through!
Good for you lady. Hopefully, they will have procedures in place to ensure the safety of others in the future.
There should be a few more lawsuits to force people to think about other people’s safety.
Dominica is too lax when it comes to safety.
Hope individuals/institutions with broken driveways leading onto the city’s sidewalks are reading…hmmmm
Excellent ruling so there are signs of justice in the country. I can’t help but notice that Mrs. Felix-Evans and Jeffrey Douglas-Murdoch prevailed against stalwart attorney Steven Isidore. Now that is justice and is it safe to say that Tony did taught Mrs. Felix-Evans a thing or two? She is certainly doing an exceptional job. I commend rulings and legal battles such as these – keep it up attorneys.
Tony and isidore are no longer buddies,thta he made him lose this one.
As one who knows a bit of the law this was a “slam dunk” case. The City Council should have settled out of court. Another lawyer would not have made a difference.
John Carson: “so there are signs of justice in the country”.
Lol! So, you really believe the abject stupidity that the blue vex sell you, huh? Alas!
dat not even enough…