Woman sues government after tumbling into inspection pit
(CNS): Ethell Dell Bodden, has filed suit against government after she fell into the vehicle inspection pit at Breakers, Bodden Town in May 2022. The woman is claiming medical expenses, loss of earnings, general and special damages as she argues the government was negligent and liable as a result of safety failures for the injuries she sustained when she tumbled into the pit. The court documents indicate that she got out of her car while it was over the pit in order to retrieve her registration plate from inside her trunk at the request of the DVDL inspector.
The woman who was 49 years old at the time sustained a long list of various injuries including broken ribs when she stepped out of her car and walked to the boot and fell some 6 feet into the concrete pit. The plate was in the car and not attached to it after it was damaged in a recent storm and had not yet been reattached and as the inspector said he needed it in order to complete the inspection she immediately complied.
But she contends that the department and staff were at fault as a result of no safeguards to prevent people from falling in she also argues that the inspector should not have asked her to exit the car while it was over the pit
See the law suit in full on the judicial website cause G20240297
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Category: Local News
So she fall in the inspection pit..
Damm that must have been a bring up…
The only idiots here are Caymanians that decide to use a pit rather than a lift.
Stop rimming Americans and look towards Europe.
That is just a Darwin working in the real world.
Stupid is a stupid does.
People just need to pay attention and stop looking for a money grab from the Gov.
A car went in the inspection pit in Cayman Brac not along.
Of course, this is just the outline of her writ. Nothing from DVDL on their version of events. I’ll be interesting to see a follow up story once it comes to court assuming it isnt struck out on the basis of CIG immunity, but finding it difficult to to believe that the inspector actually suggested she retrieve the plate. For a start, the requirement is for the plate to be attached. If it isn’t, simply seeing she had it wouldn’t cut it. So are we to assume that the inspector was going to attach it for her? Or was going to give her a pass if she just showed it to him? Because if not, why would he suggest she exit the car and retrieve it?
Can’t agree more.
I have one warning word: Precedent. Nip this one in the bud, or we will open an unwanted gate. Who the r*** steps out of their vehicle while it is anywhere near the pit, for crying out loud?! Common sense is not common…
cig are statute protected unless you can prove deliberate negligence (which is almost impossible)
not saying this is fair but it is how cig protect themselves against their own never ending failures and incompetence.
also the last thing cayman needs is an american litigation culture….which would treble all insurance premiums.
the fact that 1000’s of people use this facility safely every year will be reason enough for this thrown out of court. better luck next time ethel….
As someone who signed a contract with the RCIPS and had it breached after the former Police Comissioner claimed it was an error after several months. Trust me this case will not go anywhere I would tell her you’ll be the one hurting more financially as the Solictor General will ensure even if the negligence can be proven you will still lose. Only the lawyers win in these matters. If someone connected to Ms Bodden sees this please tell her it’s not worth it as I have seen it first hand. There is no justice for the common people in these type of matters.
10:13, there are adverts on the radio on behalf of a law firm that sure does sound like they specialize in ambulance chasing / suing /litigation: Recover: Personal Injury Lawyers…
However, the bar is set much higher under UK law than the American system so all that will happen is a lot of people being duped into thinking they are due a payout and instead will end up with a huge legal bill.
I agree the inspector should advised her not to exit the vehicle while it was over the pit, but who doesn’t have enough foreknowledge to have installed the plate before attempting to get vehicle passed?
Why was the plate in the Trunk to begin with. They should have just failed the vehicle until it came back with the plate installed were it belonged. I guess it goes back to who you are. My pickup was failed 2 years ago because it had a 2-inch tear in the seat. Not sure how that has anything to do with roadworthy. Regardless they wouldn’t even discuss it. Their response was when its fixed bring it back……
I am sure this inspector was probably trying to be a nice guy and let her away with a plate not properly installed.
DVDL is a mess, but your vehicle was not failed for a tear in the seat. 😂
Sorry but it was failed for a tear in the drivers seat cushion. I couldn’t believe it. If that wasn’t the case then why is it all i had to fix and take it back to be passed. Believe what you want but that the fact.
Yes DVDL is a mess 2 hours and 20 minutes last Thursday sitting waiting for my number to be called.
I was also warned that a teared seat soul result in a fail in future, so I got seat covers. HOW the he’ll is a tear in the seat dangerous? WTAF!
Should she have had a reasonable expectation of a 6 foot pit in the pit inspection area?
I am very surprised there aren’t way more of these types of lawsuits, considering the state of the infrastructure on this island.
Or she could have looked where she was going.
She DID realize she was driving over an inspection pit.
women drivers….
It partly her fault as she could easily refuse to go back of the car. She had no common sense.
Excuse me were you there when this all went down? Have some consideration would you! Lot of momentum was going at the time with R Kelly I believe I can fly song playing when she got airborne
Clearly this lady did not play Super Mario Brothers on Nintendo you have to press the B button before going over a jump
Drivers should not even be allowed to exit the car whilst their vehicle is over the pit. Oops, CIG will have to cough up for this one.
You could actually make millions in cayman due to improper safety measures in place if u wanted to.
Stupid is as stupid does!
The link at the bottom of the article doesn’t take me to the document. Just an FYI. If someone figures it out please comment below.
CNS: We can’t link to the case itself. the link is to the Judicial Admin search page. you have to plug in the case number (which we have provided) to find it.
CNS please be aware:
The judicial.ky website has recently been “upgraded” (more like “downgraded”).
Attorneys are not pleased with what has been done. It is actually making harder for attorneys to do their job.
Please encourage the public to write to judicial administration and request that the website be changed back to the way it used to be.
This is having a negatively detrimental impact on attorneys being able to provide legal services to clients.