9 years in court for loss of leg

THE wheels of justice are spinning slowly for Sheldon Henry. His nine-year High Court battle on a claim for loss of a leg when part of the Arima Velodrome collapsed 14 years ago, came up two weeks ago before a San Fernando High Court judge. Come hell or high water, Justice David Myers commented in the San Fernando Second Civil Court, Henry must see the end of his claim for monetary compensation. For nine years, Henry’s lawsuit against the Arima Borough Corporation has been held up by the court system. Henry, 31, of Arima, once gainfully employed and the sole breadwinner in his family of four, has been rendered partially incapacitated.

Henry was one of several patrons at the October 25, 1991, Secondary Schools Football League match at the Velodrome. When the first goal was scored in the East Zone Inter-Col final match, the Velodrome’s bleacher stand collapsed. Iron bars snapped and concrete seats fell onto patrons. Nine persons were injured, but Henry suffered the worst. A concrete slab pinned Henry and the knee bone on his left leg pushed out of its socket. In a lawsuit attorney Ramesh Lawrence Maharaj filed against the corporation in January 1996, Henry stated that his knee bone protruded out its flesh and skin.

Henry had lain below the rubble in pain. Doctors subsequently amputated the leg at Port-of-Spain General Hospital. The lawsuit also named the Secondary Schools Football League as second defendant. The grounds of the lawsuit contend that the corporation, which maintains the Velodrome, owes patrons a duty of care to maintain the bleacher stands for their safe occupation. The corporation, Henry’s lawsuit further alleged, ought to have ensured there was no overcrowding of the Velodrome. The corporation failed to estimate the crowd capacity limit at the football match, the lawsuit contended.

The corporation, however, challenged the lawsuit on May 14, 1996. It placed the blame squarely on the Secondary Schools Football League. The league and not the corporation, was entrusted with sole responsibility and control of the Velodrome, the corporation argued in court documents filed in the Sub-Registry, San Fernando. The corporation refused to admit liability for Henry’s personal injuries, loss and damages. Years passed and Henry’s negligence lawsuit failed to get on the Trial List. Letters were exchanged back and forth between applicant (Henry) and defendant (corporation). The corporation changed attorneys in the case on three occasions. The case against the football league was eventually discontinued, leaving the corporation the sole defendant to the action.

Henry told Newsday that he was once an A-class auto body straightener and painter in Arima. He earned a decent salary to care for his wife and two young children. One-legged Henry has since been forced to accept  a less skilled work at an Arima Auto body shop, of sitting on a short bench sanding and rubbing with sandpaper. Henry’s case drew another setback two weeks ago. Attorneys for the corporation did not appear before Myers before whom the case was called. The corporation’s instructing attorney, Lalkrishan Doodnath, requested a postponement. Myers insisted the case proceed. Henry’s attorney, Dinesh Rambhally, requested the corporation pay costs for the day.

The case, however, was postponed to last week Thursday and attorney Ottway Robin appeared for the corporation. Robin requested Myers postpone the case because he was the new counsel in the case on the corporation’s behalf. The attorney told the judge that the corporation intends to amend its pleadings in the case, but this was met with strong opposition by Rambhally. “After 11 years,” Rambhally said, “the Arima Borough Corporation is now seeking to amend pleadings.” Rambhally told the judge that Henry has suffered as a husband, father and employer, since he lost his leg 14 years ago. Myers fixed the case to proceed for three days in November.