The High Court in Dominica on Thursday has dismissed a civil lawsuit filed Corinthia Jno Hope, the mother of the late national footballer, Norran Jno Hope.
Jno Hope lost his life in April 2013, when the vehicle his was traveling in, plunged into a chasm that developed on the Pont Casse main road due to heavy rains.
His mother sued the Dominica Football Association (DFA) three years after that tragic accident, which also claimed the life of national coach Kirt Hector.
Gina Dyer-Munro the lawyer for the DFA asked the court to “strike out the statement of claim and also an amended statement of claim since it breached several rules of the court.”
“The Defendant (DFA) argues that based on the pleadings and the submissions relating to the opposition to the amendment the application to strike out should be granted,” Dyer-Munro stated.
She told the court that it is clear that the Claimant has filed no affidavits in reply whatsoever in opposition to the defendant’s application to “strike out” hence the defendant’s affidavits evidence remains “unchallenged and the facts therein are undisputed.”
The defendants stated that there was no locus standi for the claimants in the case and the case is a “nullity.” (In law, locus standi means the right to bring an action, to be heard in court, or to address the Court on a matter before it. Locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case.)
“In addition, we argue that there is no valid cause of action and no reasonable grounds for bringing the case,” Dyer-Munro told the court in her submissions.
She stated further, that the court should also note that one of the grounds of the application which should lead the court to conclude that there is “no reasonable cause for bringing this claim” is as the amendment is made “after the relevant limitation period.”
“The Defendant (DFA) adopts the arguments in its submission in opposition to the Claimants application to further amend,” she stated. “The defendant submits, therefore, that the Claimant has no realistic prospect of success in this claim in its original form and amended form and in the proposed further amended form; the claim discloses no reasonable ground for bringing the claim as there is no valid cause of action therein.”
David Bruney, the lawyer for the Claimant had made several amendments to his statement of claim and urged the court to consider them.
The Master dismissed the matter on June 8, 2017.
How does one go about suing the football association for an incident that was clearly not their fault, if she has to sue somebody she should sue God or mother nature.
It is time that schools, uniform and sports groups etc begin considering insurance plans for their students and members.
Why should I send my child to football practice or karate, he comes home with a broken arm and its my expense? While I do expect a certain level of risk and for things to happen while training or playing, it is time for us to realise that ” I am sorry mam” does not always cut it.
Its time for us to get it together in this country.
Shame on DFA. This should never have gone to Court. If only for compassionate reasons, the DFA should have volunteered to provide some financial compensation and do this through their attorney.
The lawsuit should not be against the DFA but against the insurance company. When one takes a loan to purchase a vehicle, it has to be insured full comprehensive in case the vehicle is tiara, the lending agency can recoupe the balance on the loan. There in a cluase in the insurance policy which makes allowance for payment for lost of life or injury. Did the family of the driver receive compensation for the vehicle? If so, what did they do with the money? Why is the bank in the process of taking the land that was used for security if they receive funds from the insurance? Why did the DFA give the driver’s family money and not give the driver daughter nor Noran family a dollar? The lawyer needs to contact FIFA to get an explanation on the rule governing such events. DFA is run under FIFA set laws.
You seem to be quite mixed up in your summary here. How can you advise to take the insurance company to court before first stating that they had insurance? If they had insurance did they have comprehensive or third party? How do you know if they actually took a loan to pay for the vehicle or if it was a cash purchase? If the owner did not insure or the bank did not ensure that they were insured how can it be the fault of the insurance company? Before you give legal advise get some yourself.
@Jay prosper also if the bank had another form of security they do not need to have a bill of sale on the vehicle which would allow them to make it mandatory that the vehicle was insured comprehensive.
Interesting…..yo u know quite a bit Jay
This Matter needs further investigation because i think there is alot people dont know about
Some of these lawyers are full of crap n lie to some of their clients concerning the law just to take money from their clients..they fabricate laws that don’t exist n some do not respond to the opposing party’s submissions. Had a case against the state six months passed after the act occur..went for some advice some crooked lawyer who thought I wasn’t aware of the law told me that’s a personal injury case n the state may attempt to use the public protection action act but the can’t as the ststutue of limitations acts would be three years from the date of act…I mean is this guy serious? He thought I wasn’t aware of the law n tried to get me to pay him to represent me…people its time u begin to take these lawyers to court..sometimes that take your money n never file their clients cases..n some even steal their clients money when their clients win their cases..the bar association does nothing..take these lawyers to court on your own cause those other lawyers are refusing to sue…
Kharie I am wondering myself. is it all because of greed? smfh
I believe without any lawsuit, the families should have gotten some form of compensation. Sometimes you just have to leave everything to God but this world is so unfair.
Alah I feel sorry for the lady. The government should just give her some money since they were on their way going to represent Dominica, and Skerrit has money dishing out so lavishly. Look, let’s go back to the “attempted coupe” night when Roseau was on fire and some employees vandalized some business places. Skerrit did not even wait for insurance to compensate them but quickly said government would through CBI. Then we go to the boxing day Fly City fire. A day after the fire Skerrit decided to pay and volunteered to build back. So why not compensate the poor lady for the loss of her son, who was on his way to go represent Dominica and died on government road? To me with all the incidents government compensated for none was more state related than this one and shame the poor lady had to sue the DFA in the first place and then to get denied. Is it that this one is not in Skerrit’s political best interest?
Why should it be the government and not the Dominica Football Association. He was selected by the DFA and not government to represent Dominica. The two gentlemen who lost their lives were on National duty for the Football Association. They should be held responsible and give the families some form of compensation. Sorry but I just see things different.
What make you donkeys thinks that the government is you all Bank account or Insurance company?
Their lawyer should correctly advise as to who to sue and do not waste their time. The proper facts should be placed. How is DFA selfish? Who burried them? SMH We are always quick to judge.
why do you sound so bitter?! Everything has to be about Dr. Skerrit? smh
Land of wickedness, land of selfish, land of hate, land where the poor is forever crushed.
DFA has always been a very unkind yet money grabbing association.
Here is a situation where players lost their life on their way to represent the country yet not a dollar.
This is just high class wickedness n high n low places. But God does not sleep.
This is disappointing to know that her case was dismissed. This is unfair to her.
When it is raining drivers should know they should decrease their speed and drive slowly/cautiously especially if there is heavy rain. They should not drive fast as if there was no rain. Reckless driving could have caused this.
If she can afford it she should appeal this foolish and unfair decision.
Nothing beats a trial than a failure! Good try.
Did you mean, “Nothing beats a failure but a trial?”
The saying: “If at first you do not succeed, try again.”
But some people impossible to we. Is not machanical problem the vehicle had nah madam. A a. A open road because of rain. Well sue God to nah. Stupssss.
And some lawyers must stop making people pay money uselessly uno.
Some of them lawyers a self sooooo political they focus on one man so much they forgive the responsibilities as a lawyer is to guide their client properly.
To me that is a straightforward dismissal. And three years after we.
I CAN UNDERSTAND IF THE WOMAN HAD GO TO GLEN AND TALK TO THEM PEOPLE NICELY AND SEE IF THEY COULD LOBBY WITH FIFA ON HER BEHALF. But not three long years after u taking a matter before the court through a lawyer WHO SHOULD KNOW BETTER THAN THAT AS A SENIOR LAWYER AND A FORMER AG.
But again to is his so call work they doing to waste people time and MONEY.
May the dead rest in peace who died in the line of duty.
Maybe they should raise a radio thon for u. That is more making sence that for people to raise money on radio to put in…
From my understanding this case was done Pro Bono
I’ll put it bluntly, any judge who would have rendered a verdict against the DFA should be hung!
The parent should have tried to sue the owner of the car he was raveling in, if there was liability insurance covering drive and passengers, depending on the amount they could get something out of it, not enough rich, but something.
On the other hand they could have sued the government, but that would be a difficult case to win, since the case could boil down to” an act of God;” meaning had it not rain, there would be no accident! That case is the epitome of a frivolous law suit!
Lol…now I seeing you are an idiot. Sue the driver of the vehicle??? The driver lost his life too, you buffoon!
It is sad she loss he son but suing the DFA was’nt a good idea it was mother nature. He died on his way going to do what he loved and so was his coach. Miss Jno Hope in life we have to accept the things we have no control of.
do not worry lady life is strange, remember what goes around comes around.
There is no law in da the law is for one set
But that lawsuit makes no sense. The lady not easy.
The association should take responsibility becasue the woman’s son was asked by the DFA to travel at that time in that weather for the purpose of performing on behalf of the DFA.
The organization due to its own ignorance or lack of knowledgeable leadership did/does not have the forthwith all to establish proper safety guidelines for its members.
Every national organization should offer some form of auto/life insurance for its members policemen, firemen, Nurses, bus drivers, teachers. The insurance companies in the interest of its customers should proactively offer discounted rates to collective members of national organizations and those serving the national interest to ensure that the loss of a loved one in an accident (without foul play) compensates in some way financially, academically or through some professional services addresses some of the needs of the immediate spouse, parents or children of the deceased.
The insurance companies do make offers. Its up to the parties to accept and they cant be forced. You well know that Dominicans DO NOT LIKE INSURANCE. They only think of is AFTER THE FACT.
I dunno where we going but.how could u dislike such a comment. It is perfectly reasonable and is being practiced elsewhere. Is it that these people just don’t like u, UDOHREADYET? I still say shame on them, at east they could just let it pass
And imagine 17 persons giving thumbs down for this. The lady is right in pursuing this. It sis something that should open the eyes of all national organization, and those who represent the country. Would he have been out there was he not representing Dominica?
“The association should take responsibility because the woman’s son was asked by the DFA to travel at that time in that weather for the purpose of performing on behalf of the DFA…..” That statement right there is pure crap. Nobody held a gun to his head and told him that he had to do this for Dominica. He did it of his own free will like most of us would if we had the skills and were offered the opportunity to represent our country. It was a sad, unfortunate accident and I believe that his mother should forget this witch-hunt and just try to find peace with herself by allowing time to heal this wound.
I remember reading that the premise was that the vehicle was not insured to enable such compensation and the DFA should’ve ensured that it was. Is a long shot but not a baseless argument. People on national duties should be insured one way or another. Again I bleed and wish that someway we find something to give the lady. What u have quoted does not capture the essence of the lawsuit, in my humble opinion
It’s easy to say when it’s not your child. She shouldn’t have to go the way of a lawsuit. The association should have found a way to compensate the families no matter how small or large. it’s a matter of principle and compassion. It was an unfortunate accident and I don’t think anyone is at fault but the DFA should have come forward and assisted the families in some manner.
Well wen u going to work in the morning and something happens to u on the way she ur employee nah because they give u a job. Smfh some people foolish to we borjay.
Weh weh weh. All u does sound like blessings to we papa. Weh boy.
Ignorance to the max dat dre.
Oh my.
This again shows that we should never take anything and anybody for granted. We need to be extremely careful and thorough at all time and in all things.
Much could be said about this for and against both parties, but this episode highlights out state of professionalism, maturity and advancement.
This still aches my heart. I still feel the DFA should arrange some compensation for her loss. Hold strong Corinthia
Whats the compensation going to do for her??
wicked
Poor lady, I wonder who put her up to this useless lawsuit.
Who else than you expect than her lawyer.
Who else you expect than her lawyer.
there was NOTHING useless against the lawsuit. Didn’t u see how it EXPOSING den dam thieves & parasites for who & what day really r