On the morning of the 21st March 2022, Mrs. Joan Cluttz the owner of Follow-Back-A-Mi Travel agency was scheduled to check out of the Ramping Shop Hotel located in St. Ann, Jamaica where she was attending a Travel Agent’s Seminar.
On the morning of the 21st March 2022, Mrs. Joan Cluttz the owner of Follow-Back-A-Mi Travel agency was scheduled to check out of the Ramping Shop Hotel located in St. Ann, Jamaica where she was attending a Travel Agent’s Seminar. At approximately 11:00 a.m., she left her hotel room and placed her luggage in her 2021 Toyota Prado which was in the hotel’s parking lot. She then headed across the parking lot towards the hotel lobby. She had a plastic bag with an empty box with Fry chicken bones in her hand which she was planning to throw in the garbage bin located just outside the lobby area. She stated that as she walked towards the lobby and the garbage bin when “My shoe hit into edge of the pavement and I twisted my foot. I actually felt when my shoe bucked/hitched into the pavement because of the unevenness of the area, and I fell forward and my face went straight into the pavement.” She stated that she was assisted by a security guard and a nurse at the hotel. She then was taken by the hotel Shuttle Bus to the St. Ann’s Bay Hospital. It was discovered by the doctors that as a result of the fall she suffered a broken nose, chipped tooth, sever injuries to her bottom lip, sprained left ankle and fractured left leg and a bruised right knee. She will only be able to move by the use of crutches for the next eight (8) weeks. She will require eight weeks of physio therapy before being able to make a full recovery. The cost to treat her injuries including medication have been calculated at Five Hundred Thousand dollars ($500,000.00) Ms. Clutz writes a letter to Mr. Joe Grind, the owner of the Ramping Shop Hotel, informing him of the fall and subsequent injures she sustained. She attaches photocopies off her medical expenses amounting to ($500,000.00). Mr. Grind’s written response to her states that: “In 2022 the hotel was fully refurbished and this includes among other areas, the driveway at the front of the hotel which was enhanced using interlocking bricks. He further stated that the entire renovation was done by a certified construction company, named Fling-it-up Construction Limited… As such I accept no responsibility for your injuries and I wish you God’s speed in your recovery.” Mrs. Joan Cluttz has come to your office seeking a written legal opinion on the situation including all laws and case laws to determine if she has a legitimate claim against the Ramping Shop Hotel.
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