The Jeff Cumberbatch Column – Tragedy in the Magic Kingdom

Lane Graves

Lane Graves

One of the claims made by Disney World in Florida is that it is the “happiest place on Earth”. Of course, it would be difficult to convince the Graves family of Nebraska of the merits of this claim after the incident last week in which they lost their two-year-old son, Lane, after he was attacked and drowned by an alligator as he waded knee-deep in a shallow lagoon outside the family’s resort rental. The entire episode raises a number of intriguing legal issues and supplies a test case for students of the law as to the extent of an occupier’s liability in negligence towards its lawful visitors.

I readily concede that there is arguably much other fodder for the columnist this weekend. The surprising criticism of the United States Embassy in Kingston by the Jamaica Attorney General for its decision to fly the rainbow flag, most used by the LBGTI community, in sympathy with the victims of the mass shooting in Orlando early Sunday morning; the unsuccessful attempt of Mr. Maurice Tomlinson, a self –titled homosexual and LBGTI activist, to persuade the Caribbean Court of Justice that similar provisions in the Immigration Acts of Belize and Trinidad & Tobago deeming homosexuals as prohibited immigrants served to deny him his freedom as a CARICOM national to enter and remain in another member state for a period of six months unless excluded for other stipulated reasons; and the ongoing standoff between a local entrepreneur and my primary school classmate, now Chief Town Planner, Mr Mark Cummins, might all have provided ample material for this hebdomadal (!) essay. However, perhaps as a coda to my effort last month, “The Gorilla and the Boy”, I prefer today to explore the legal intricacies of the boy and the alligator.

It is at least remarkable how frequently art seems to imitate life. Just last April, in the examination for first year students of the Law of Torts, I posed a scenario where there was the need to determine whether an occupier had sufficiently complied with her duties towards another by the mere placement of a sign which stated “Watch your step” in a circumstance where her lawn had been left slippery with oil and where, as a result, the visitor naturally slipped, fell, and injured himself. Now, in the Disney World incident, a significant consideration will be whether a sign that merely enjoined “swimming” was adequate to protect against the rare, though not unlikely, actuality of an alligator attack. The issue is also relevant to the Barbadian occupier of premises, though, of course, the incidence of an attack by an alligator here may be a “fantastic possibility” rather than the “reasonable probability” that ought reasonably to be guarded against by an advertent occupier.

Nevertheless, section 4(5) of the Barbados Occupiers Liability Act , Cap 208 provides-

Where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe”. (Emphasis added)

Clearly, it may be argued that a sign which simply seeks to forbid swimming is insufficient to enable a visitor to be reasonably safe where there is a not remote probability of the presence of alligators that, as I argued with the gorilla previously, are treated as ferae naturae or wild by nature. In consequence, it is not humanly possible to predict their behaviour, especially in a situation where the distinction between a small child and prey for the evening meal would be a difficult one for the beast immediately to draw.

Nor should it matter that the animal is not owned or controlled by the occupier of the property here. The presence of the alligator presents a danger that might have been foreclosed by the resort complying with its duty qua occupier “to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is permitted by the occupier to be there”.

Other legal issues may also arise- Did the father take as much care for the safety of the child in the circumstances as a reasonably diligent parent should have? Or should he be treated as having been contributorily negligent? In other words, did he, by permitting the child to wade in the water at that time, contribute to the happening of the tragedy or was the event so objectively unforeseeable that no blame at all should be attributed to him?

Indeed, he himself might have a claim against the resort. There is no doubt that he would have been seriously traumatized by the chain of events, especially after having failed to pry his son loose from the steely grip of the alligator and watching in horror as it swam away with the child in its jaws towards one certain horrific outcome.

If the negligence of the resort may be established as well as the medical proof of some psychiatric injury having been caused to the father thereby, it would be highly likely that the father may recover substantial compensation for the psychological effects of the incident on him as a secondary victim who would have shared close ties of love and affection with his son and who, with his own unaided senses, would have witnessed the particularly horrifying event as it must have been.

News in recent days is to the effect that Disney is now attempting to change the signs around the lagoons to warn of the likely presence of alligators. In light of the above, this is scarcely surprising and may serve as a subtle concession of liability.

Thing is, it comes almost a week too late for little Lane Graves.

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192 Comments on “The Jeff Cumberbatch Column – Tragedy in the Magic Kingdom”

  1. ac June 22, 2016 at 10:03 AM #

    The last time i put my eyes to the skies all that dwell therein looked absolutely perfect as designed by the powerful forces of nature. The sun rise and set at times designed by nature. The sky blackened by the darkness of nite as designed by nature. Rain fell from the clouds in perfect timing . summer ! Winter!spring!and fall never cease to arrive as designed by nature. Moon and tides interact perfectly as designed by nature.
    Natures perfection is beyond a shadow of doubt exquisitely perfect
    A perfection that man can only wish and dream of becoming.We humans being the weakest of all the cosmic links


  2. Georgie Porgie June 22, 2016 at 10:26 AM #

    Are you aware that not even the 2 hemispheres of your brain can get along?

    Why dont you try visiting churches. You might find a match FOR YOU.

    Maybe you will like Vincent Wood’s church on President Kenedy’s Drive or Grace Bible Church Paddock Rd…….these are Baptist Churches, or Ellerton Gospel Hall, where the women run amuck I cant say, churches change over time, personnel change

    I just know that there are Ephesus like churches in Barbados, according to what is prophesied


  3. Pieceuhderockyeahright June 22, 2016 at 10:46 AM #

    @ Donna

    My sister in Christ.

    How can you say “exhausted”?

    Is it that Jahan is dead? that it is exhausted?

    Is it that Shamar is dead that it is exhausted?

    Is it that Lane is dead that it is exhausted?

    Is it that Abijah is dead that it is exhausted?

    The topic here per Creation is “good meat” and “meet” that we should peruse it more but how can we in all seriousness and service to our Lord, not let it “breathe”?

    Like any other person who would live to hear more of this, particularly where Doctor Georgie Porgie spoke of “ROMANS 1:20 For the invisible things of him from the creation of the world are clearly seen, being understood by the things that are made, even his eternal power and Godhead;” I too respectfully suggest that GP submit an article to the Blogmaster per this subject and that we discuss it there.

    I even feel that the Blogmaster should cut our religious posts from this item and migrate them there.

    Do you know why I say that Donna?

    Because it is probably the first time that in all of the blogs assembled here on BU that at its centre we have a legal luminary like Jeff Cumberbatch giving input to what is an issue that is dear to many of us.

    I am surprised at you that in one breath you speak to your son’s edification yet in the same breath you cannot defer to another woman and/or several parents on the local landscape WHO are experiencing situations where their children might be being abused and having an enclave where one could come and see this bespoke insight.

    But then again Donna this is one of the reasons that we, sons and daughters of GOD, find ourselves scorned by the general public, not because of the obvious sellouts that are our Pastors Durant, Reverends Atherley and high fliers Joseph, but because we who profess to know Christ, when we wish to learn more about GOD, in a blog devoted to a tragedy that is ongoing in BIM, refuse to let go, because “the topic is exhausted, SELAH”


  4. Pieceuhderockyeahright June 22, 2016 at 10:51 AM #

    and before wunna start, Doctor Georgie Porgie, is a man who, however opinionated we would perceive him, is not a rabid man or illogical person.

    It is my belief rather hope, for belief presumes a type of familiarity with the noble Doctor, it is my hope that he will defer to “migrating our discourse” elsewhere on the Blog, where we can ventilate at our heart’s content.

    I am just saying…


  5. Well Well & Consequences June 22, 2016 at 11:08 AM #

    GP….does AC even know that her brain is divided into 2 hemispheres….ya are asking a lot…lol dont tell her how they can be controlled or there will be havoc on BU…ignorance is


  6. Georgie Porgie June 22, 2016 at 11:18 AM #




  7. Georgie Porgie June 22, 2016 at 11:25 AM #

    i know you teach Sunday School
    This has just come into my in box
    Dont know if you can use it


  8. ac June 22, 2016 at 11:59 AM #

    Who are we to question natures perfection .Who are we to judge . Nature the architect of all beauty has mastered a plan beyond mans comprehension. Who are we when we stand clueless of not knowing why we are here and where we are going standing stark naked in fear of death


  9. Georgie Porgie June 22, 2016 at 3:38 PM #



  10. Well Well & Consequences June 22, 2016 at 4:01 PM #

    GP….I cant believe black bajans are so callous and heartless when it comes to the suffering of one of their own, it boggles the mind that although we know they can be cold re each other’s health and well-being, I am showing people this article and they are appalled that government ministers could be such hating coldhearted people that they do not care anything about one of the citizens for whom they are responsible.

    If the blacks on the island cannot see that the politicians and ministers would do the same to either one of them….yardfowls and pimps included, they are in for a very rude awakening…again.


  11. Pieceuhderockyeahright June 22, 2016 at 4:07 PM #

    actually Dr. GP someone did.

    The first person was Well and Consequences

    And if you go to the site you will see that My GF Suzanne was actually remarking on this

    I went there and posted but, as usual, Barbados Today does not allow my comments lololol I go into awaiting moderation


  12. Well Well & Consequences June 22, 2016 at 4:41 PM #

    Piece….certain things Peter Harris would not want certain comments coming to light about, just as the government is doing to this nurse, making her suffer, praying she would die and they do not have to pay her compensation….Harris does the same thing with his CGI Insurance….I am sure there are cases in Barbados right now where CGI Insurance owes injured claimants hundreds of thousands of dollars and refusing to pay….but Harris is more than happy to show up the nastiness in government and the way they treat their citizens. No honor among thieves…lol

    I am sure there are also people out there waiting to expose Harris and CGI Insurance publicly for refusing to pay injured people compensation for their injuries…time is longer than twine.


  13. Georgie Porgie June 22, 2016 at 4:56 PM #

    Once people thought that for the moral sin and evil in our country that God would judge us via a storm or hurricane or tsunami but it is now clear to me he judged us in 2003 when he rained done judgement in the form of this DLP GOVERNMENT. THE NEXT TWO YEARS WILL BE WORSE. I CAN NOT RECOGNIZE MY COUNTRY TODAY


  14. Well Well & Consequences June 22, 2016 at 5:12 PM #

    GP…even when there were no billions to boast about Bajans were much more caring of each other, yes there were nasty underhand things being done back then as well…but it’s as though these current ministers believe that not even mistreating their own people could stop them from being elected or reelected …it’s now all left to the people to put an end to that myth….we shall see.


  15. Well Well & Consequences June 22, 2016 at 5:17 PM #

    And…the business people and insurance companies watch and observe how the 2 governments treat they own people without any type of remorse or legal penalties, so they too treat the majority citizens even worse…and that’s okay with the black governments.

    Again, the people habe to put an end to this treatment meted out to them by their own governments and the minority business people…they are the only ones with the power to do so, we cannot do it for them….at all.


  16. ac June 22, 2016 at 5:33 PM #

    GP Hell you cant recognize the Rock you have been living in that god forbidden place of Sodom and Gomorrah called amerika for many years. How many years have you turned your back on the rock because people would not let You do,as you God dam please ,the wrath that you demonstrate against those in the BU household who dares to disagree with you must be thrice manifold to anyone who dares disagree with you in a working environment . No one needs to listen to your shitty stories or sympathize with the way you were treated when you high tailed out of the island as sure as day follows night you are one bold face double tongue hypocrite / Negro to thyself be true as nature ordained it Fool
    Talking shit about some persons problem if you so interested in the nurses plight then if so go ahead and set up a benefit awareness campaign on BU . Goodwill is all about action . not a high performance of bile and verbal abuse which you are VERY good at ,You can ask piece to use his time in a most valuable way by making some more stupid posters for the nurse even the insulting posters that he makes might worki and from what Piece says his posters are the Bomb getting plenty feed back and attention
    GP down with your bombastic egotistical antics and do something worth while to help the nurse Enough of your braying jack


  17. Georgie Porgie June 22, 2016 at 5:46 PM #



  18. Well Well & Consequences June 22, 2016 at 6:20 PM #

    Talking about pervertedness…lol


  19. Pieceuhderockyeahright June 22, 2016 at 6:38 PM #

    @ AC

    You are correct about Coral Wilkinson the nurse.

    I have made the poster but i haven’t added the picture as yet.

    Don’t you fear relative to my social activist activities, all are not vitriol, all are not directed against the inept DLP and you must be fair as I am fair with you, I dish out to the Troika in waiting too.

    Let me do two things here.

    Firstly, Peter Harris is no Admirer of Mine nor am I any sycophant of his and his practices which Well and Consequences speaks of, are well known across the region.

    Suffice it to say that there is a mentality of scum that abounds across this earth that is not peculiar to colour, class, race or clime and which, not amount of money, can clean.

    Some people are not worth the time of day really and unless they do something that is particularly egregious, I simply don’t waste my time.

    Frankly If one were to look at the summary by DreamCatchers? that is sufficient to create posters for a week but what would be the purpose of commenting about the WICB when it is not really what is driving our country down.

    Pick your battles wisely and that brings me to the second part of my observation

    I am particularly careful with my source material.

    Let me explain.

    If you send me any email and any attachment I am loathe to open the attachment other than in webmail and I will not download it to readily either.

    I do not trust BarbadosToday as a source of materials.

    Until i can use certain “image optimizers” I dont touch them it sounds paranoid but I am not interested in most things that come from certain sources, equally so one has to be careful with trojan horses sent by “friendlies”

    One can operate an entire information broadcasting machine with a virtual OS and never touch the internet with a real machine

    Give the old man some time to get a source picture which I dont suspect and I will do justice to Ms. Coral Wilkinson

    Finally while I have your attention here would you please respond to the question that Barbados Today has awaiting moderation

    How is it that the DLP was able to give $700K to a DLP lawyer for an opinion on an inanimate Caves of Barbados but not seek to assist the nurse.

    and then since i know that you will not answer that question above let me make it two.

    If Fumbles were to have a PR agent of any worth other that George Pigrim he would have been told that when that Nurse came to Parliament House he should have stopped what he was doing and greeted her and if not walking her up, make sure that the GIS and CBC reporting lies was there and walked her down, EVEN IF THE EFFER DID NOTHING as is customary.

    That is why I say that you and he and all of you do not know how to pick your battles wisely.

    I am worms meat, I am not worth the time to pursue my stoopid cartoons.

    Where you and your shy*e talkers need to seek points is with the common man and woman because you have lost the middle and upper classes, YOU NEED NUMBERS George you need numbers.

    But you are a stoopid man so there you go

    Liked by 1 person

  20. Pieceuhderockyeahright June 22, 2016 at 6:52 PM #

    @ Peter Harris and Kaymar Jordan of Barbados Today

    Continuing on in the vein of tragic incidents and under reporting or incompetent reporting, Kaymar my normally sensible one, what the ef are you doing??

    How could you permit your newspaper to be so R-Hole ingrunt to publish the following item?

    in your June 22 online news item seen at titled “Taken away so young you write an article about a Youth (who) dies after being struck with stone

    I am as always grieving these senseless incidents and extend my condolences to his family and loved ones.

    Here however is the idiocy that I am referring to

    “Meanwhile, the young man’s grandfather is questioning the seeming inability of Barbadian authorities to carry out the death penalty.

    The man, who spoke with Barbados TODAY ON CONDITION THAT HIS NAME IS WITHHELD, was critical of Attorney General Adriel Brathwaite and also had some harsh words for Amnesty International and other abolitionist groups which he sees as meddling in the affairs of small states like Barbados.”

    How many effing grandfathers do you or Peter Harris have Kaymar?

    Ten, fifteen?

    How the eff cud you have a report of this nature where the man expressly says to your coneys for reporters (that you I Brathwaite for that word i teifed) Do not publish my name AND WUNNA FEMALE RABBITS put in the fact that it is one of de deceased 2 grandfathers?

    Wunna smoking weed?

    Moderate That Scvunt ef wunna like


  21. ac June 22, 2016 at 8:15 PM #

    Listen Piece i am not a bit interested in those manufactured issues manifested to embarrass , my main focus and interest is the economy now if you and blp has a better plan i am all ears until then your stupid poster to distract and divert attention is of no interest to me whatsoever than what is of importance crucial and critical to ALL the people being the economy.
    A nurse falls people fall everyday what if everybody with a legal issue that can only be resolved by the court take their personnel problems to parliament do you believe that the job of taking care of a nation of two hundred and seventy thousand people should be put on hold for one person everyday that parliament is in session .Yes everybody deserves they day in court but what i saw and observed yesterday is ridiculous that lady could have fell and die who ever gave her such reckless advice is an advocate in the politics of extremism or a down right cold hearted nincoompoop
    Personally i am aghast and repulsed by the politics of selective criticism bar none
    Any how get on with your poster maybe next the nurse can get an audience with the pope compliments of PDYR enterprises


  22. TheGazer June 22, 2016 at 8:21 PM #

    “If Fumbles were to have a PR agent of any worth other that George Pigrim he would have been told that when that Nurse came to Parliament House he should have stopped what he was doing and greeted her and if not walking her up, make sure that the GIS and CBC reporting lies was there and walked her down, EVEN IF THE EFFER DID NOTHING as is customary.”

    You are right. They could have gain milage and yet do nothing. They found a way to do less than nothing.


  23. TheGazer June 22, 2016 at 8:29 PM #

    “manufactured to embarass”

    Thirty four years of manufacturing….. that’s some foresight. Tell your leader to take care of the woman. It’s good politics.

    I think a part of the argument is that you are taking care of a select few and not ‘taking care of a nation of two hundred and seventy thousand people”.


  24. Pieceuhderockyeahright June 22, 2016 at 8:40 PM #

    @ AC – George

    Are you a fool?

    “A nurse falls, people fall everyday (so) what?”

    You did not write that Pigrim!!


    And you are the champion that they send here to deflate the “manufactured issues manifested to embarrass?

    Are you a SCVUNT?

    You look at 25% of the population of Barbados (based on CIA World Fact Book) and say to us all “AN OLE PERSON FALLS SO WHAT?”

    Are you an effing idiot?

    What the ef are you smoking? Besides the fuct sorry the fact that wunna effing up de economy and the lives of that nation of 280K people that you spurting off the statistics about YOU GOT THE BALLS TO COME PUN BU and say “SO EFFING WHAT”

    Let me tell you whu I gine go my man.

    I gine manufacture a story right effing now and I gine give distribute it fuh you SCVUNT to see whu manufacturing is.

    I gine show your ass what This specific Posters for that specific Nurse Wilkinson gine do my man.

    Carry on Smartly


  25. ac June 22, 2016 at 9:30 PM #

    PDYR Your political stenches fouls up the blog if it walks like a duck it must be a Duck , any one who have read the article would have been well aware that not only the AG was in contact with the nurse but also the PM helping to resolved an issue initiated under a blp govt and like most blp issues which they opt to look the other way this govt must be obligated to find resolution Yes people fall everyday but not many if any take issues which are embroiled in legal dispute to the steps of any Goverment
    AS usual the blp vested int erst to taint and scorn with disdain started at their door steps initially Pity the fools

    These are Wilkinson words

    She said the Attorney General had spoken to Crown Counsel Roger Barker on December 24 last year to have her case dealt with expeditiously and that on March 15 this year Sir Richard had written to Solicitor General Jennifer Edwards asking that the case be processed with the urgency it deserved.
    Not satisfied with the speed with which her case was being processed, Wilkinson said she called the Prime Minister three Sundays ago and was told he would speak with the Attorney General, who later told her that everything was on stream for this month.(JUNE )

    But NO the blp operatives not waiting until the end of June ceremoniously wheel this poor helpless old lady to the step of Parliament and used her as a political battle axe to wage war against those who have been trying to help her SHAme ! Shame ! Shame and to make matters worst she could have die unaware that she was being used as a BLP canvassing stick to bring down the govt You guys have no shame at all another pox on the BLP Buyer Beware


  26. Simple Simon June 22, 2016 at 9:59 PM #

    @Back in February Wilkinson said she had received a letter from Principal Crown Counsel Roger Barker, who was handling the case on behalf of the Solicitor General, offering her $145,159.70 so she could have the cervical surgery done in Britain. That offer was rejected in a letter dated March 12, 2015 from Wilkinson’s attorney Sir Richard Cheltenham, QC, who argued that “to offer the meagre sum in full satisfaction of her case, is virtually to condemn her to remaining in her presently helpless condition”. While suggesting the sum of $400,000 instead, Sir Richard advised that the Solicitor General’s offer did not even cover the cost of the medical team in England, whose maximum fee is £33,000.

    If the MAXIMUM fee for the English medical team is 33,000 pounds or $97,869 Barbados dollars, and she has been offered $145,159 Barbados dollars what then is the problem?

    She has an excellent lawyer. I recall this case being in the public domain before and that over the years the complainant has refused multiple offers. Presumably the lady has been receiving her National Insurance disability payments for the past 35 years. Presumably also the initial injury has been made worse by time. Even while her former employer [we the taxpayers of Barbados] may have some liability for the injury we CANNOT UNDO the injury, but can only offer her monetary compensation. And i don’t think that it is a “B” thing or a “D” thing.

    Sometimes aggrieved parties refuse to settle.


  27. Simple Simon June 22, 2016 at 10:04 PM #

    Sometimes cases are diffucult to settle. Here is one from Well Well’s favourite newspaper:


  28. Pieceuhderockyeahright June 22, 2016 at 10:06 PM #

    I thank you for that observation Simple Simon as to the fact that they the DLP administration can pay $750,000 for an opinion on a Caves of barbados to one of their own one Byer, but when it comes to assisting an ailing citizen they are incapable of doing better than $133K

    @ AC George Pigrim

    Here is some of that political Stench for you to review

    I have a few more for the United Kingdom Disabled People’s Council



  29. Well Well & Consequences June 22, 2016 at 10:22 PM #

    Lol….Simple, that couple were just 2 clowns who could not live without tormenting each other, even after they divorced they found a way to keep a war going for 17 years…do you know how much money the dude was making at Bear Sterns in 2005, he had nothing else to do but war….lol

    Ya cant look at the case like that…how will the nurse get the surgery that cost 400k for 145k…in England no less…what kind of math is that, her getting disability has nothing to do with compensation for her injury cause obviously the disability payments cannot pay for surgery.

    The solicitor general’s office is not only trying to short change her for the surgery, they are also trying not to pay her for pain and suffering, loss of earnings, interest for how many decades and a host of other goid stuff….thst money is set aside, but I am sure the thieves in government all have their eyes on it waiting for her to die…the money is hers…..she should be paid….all of it.

    AC..shut ya pimp hole…last year Brathwaite told the woman through the newspapers she would get her compensation shortly….this is 6 months into the new year, yall found millions of taxpayer’s money to spend and waste on shit, many more millions to steal….still more millions to give away, all taxpayer’s money, none belong to yall…, pay the woman her money yall thieves, 35 years means 7 rotations of both governments…all yall are doiing is robbing the taxpayers consistently.

    Here is hoping all the government ministers, the politicians, their pimps and yardfowls end up in wheelchairs and disabled, it would be a lovely experience.

    Liked by 2 people

  30. Colonel Buggy June 22, 2016 at 10:55 PM #

    But what happened to this lady 34 years ago, and the treatment that she was given during that time, and this morning , is not going to deter any shameless politician and his/her yard fowls , come pimping vote time, from asking her for a vote, and even offering all of the transport in the world to take her to the polling station, backed up by some empty promises.
    What a pity that this lady did not do an Al Barrack, and disguised herself as a frequent visitor, and visit Illaro Court, where doors will be opened for her by the Chief Bell Boy himself,who snubbed her in the precincts of the peoples of Barbados’ Parliament.
    Freundel and Donald could hold hands .

    Liked by 2 people

  31. Pieceuhderockyeahright June 23, 2016 at 12:49 AM #

    The Anunnaki is acknowledged for his Inspirational Quotes and scathing indictment concerning how Ex Nurse Wilkinson has been treated for 34 years


  32. Simple Simon June 23, 2016 at 7:51 AM #

    @Pieceuhderockyeahright June 22, 2016 at 10:06 PM “I thank you for that observation Simple Simon as to the fact that they the DLP administration can pay $750,000 for an opinion on a Caves of barbados to one of their own one Byer.”

    This of course was completely unjustified.

    Tax money ought not to be spent carelessly or extravagantly.


  33. Simple Simon June 23, 2016 at 8:05 AM #

    We must be fair, reasonable and non-partisan and acknowledge that neither the the current Prime Minister nor any of the Members of Parliament held political office at the time the woman was injured. In fact some, maybe many of the current MP’s were school children at the time this lady was injured.

    The case quite rightly belong in the courts, not in Parliament.

    The lady has an excellent lawyer. Johnny Cheltenham, a long time member of the BLP has a reputation of being one of the best lawyers in Barbados. If he cannot get his client to agree to a settlement the amount of which will cover her medical expenses what does that say about the client?

    Just because a person s injured it does not mean that they cannot also be a very, very difficult person.

    Sometimes we incur life altering injuries, and like Humpty Dumpty, “not all the king’s horses and not all the king’s men, [and not the king himself] can put us together again.”

    Sometimes people remain aggrieved for life.


  34. Well Well & Consequences June 23, 2016 at 9:25 AM #

    Simple…when you have that type of injury yourself, you are free to take money that cannot cover your surgery and atrophy and die in a wheelchair…..your choice, other intelligent people know that they are supposed to fight for what they are entitled, what’s the difference, she may yet get her money before her body totally atrophied. …the only difficulty is the government refusing to pay, it does not matter if the ministers were in their mother’s womb when the case started, they are representative of the government now, regardless when the case started…these are commonsense and not legal arguments.

    What the hell do they teach you people in the schools in Barbados, where are your critical thinking skills.

    The problems and delays lay in the lawyers, all six of them, the lady hired…..all nuisances, all friends of all the existing and previous dead and alive prime ministers and attorneys general….none above selling out this female.

    Until Cheltenham says differently, he is well aware that upon receiving the case, given the length of time already elapsed, he should have filed a claim….but….I am willing to give him the benefit of the doubt and guess that the government asked him to set the parameters for quantum and when they received the quantified claim, they balked, although they accepted liabilty, although they made the claimant believe they’re open to settlement. ….knowing the nastiness of the nigga mind, they believe it’s too much money for a black woman, never mind she could never be in goid enough health to enjoy it if she doesreceive the money, at this stage it might only make her comfortable, but even that the beasts would deny her, they much prefer pocket the money themselves….the nigga mind.


  35. Well Well & Consequences June 23, 2016 at 9:30 AM #

    As is being advised by people to other people around the world….do everything in your power to stay away from the lawyers in Barbados, the good ones are few and far beteeen…..stay well away from the judiciary in Barbados ados…it rarely dispenses justice….some of the judges try, but the government ministers whose responsibility it is….. refuse to upgrade with new legislation, new rules and procedures…..stay well away.


  36. Donna June 24, 2016 at 1:04 PM #


    What on earth are you babbling about? I said this particular blog had been exhausted. In case you haven’t noticed, the posts have an expiry date. After a few days the bloggers move on to another blog. This had already happened. I asked a question pertaining to liability and it was not answered. So the blog and NOT THE SUBJECT was exhausted. The subject for me will never be exhausted as long as man is in control of this world. You are really beginning to annoy me now. What the hell is your problem?


  37. Pieceuhderockyeahright June 24, 2016 at 2:37 PM #

    @ Donna,

    Frankly Donna I really dont sot down and record every one of my submissions and yours and what I said and what you said .

    But i think that I explained very clearly that the then focus of the blog was that we seemed to have had a thread going that the author of the column had been gracious enough to expamd on the legal aspects that were available to the “litigant(s)”

    If i recall correctly you started with a not normal inane thread” and continued on it smartly.

    Donna try not to get too excited, most of we men does say a ting and move to ef along, unlike some of wunna women.

    I say something and I dun been forget that cause it was only in the context of having Jeff talk around a topic like this as it relates to a local matter.

    Tell me something.

    I know that you have not been here for long but have you ever seen Jeff Cumberbatch make any comments as it specifically relates to domestic tragedies and be so purposely vaude yet simultaneously pointed?

    Your comment disengaged that and it became obvious to me that you had not read the article but sought to add something which diluted.

    I am not going to get into any shouting match with you bout this.

    It is an Abijah Holder thing which you, irrespective of having a son, seem incapable of understanding and before you vex your soul and invoke the name of our Lord because someone has an opinion other than yours, I DUN WID DAT


  38. Pieceuhderockyeahright June 24, 2016 at 9:28 PM #

    Back to Abijah Holder

    If I were Abijah’s mother I would take a car and drive up to that coverley promontory and park my car with the left wheels directly in the island.

    I would call the nation and tell them that i am going to grieve my son.

    I would call the Rastafarian Community and tell them to bring an assembly up there to share with his spirit

    I would call CBC Telling Effing Lies and Barbados-Today-I-Peter-Harris-Am-Sucking-Up-To-Whomever-is-in-Power cause i want mine and let pretty Kayman come and tek the news.

    Hopefully she wont send one of her illiterate staff who does tek tings anonymously and come back and publicize dem dames.

    After I ef up the plants in the roundabout let him be ingrunt enough to tek me tuh court.

    I sure that Jeff or Johnny Cheltenham would get it dismiss as frivolous and vexatious

    Let him be ignorant enough to take me to court where Jeff or Cheltenham will request a jury.

    And once released you will do it again the following week until they remove that Death Island.

    There are some words that the ole man remembers from the grandchildren of course (lololol)

    “Has your ship struck?”

    To which Captain Jones answered: “I have not yet begun to fight.”

    Ms, Felicia Holder you must be like Captain Jones and tell Baloney and his crew “I have not yet begun to fight”


  39. Donna June 25, 2016 at 10:42 AM #

    Your friend Bushie actually started the inane thread with an attack on me and my church. After a brief aside I returned to the substantive topic, asked a pertinent question and found nobody to answer. Follow your own advice and read! I read ALL submissions on which I comment except for the Frank Forde crap that was actually so poorly written that his introduction had nothing to do with his main point, apparently. I read the posts from everybody except the ACs most of the time and some others who seem not so credible in their vain repetitions. Also I get tired of trying to decipher your incredibly long winded posts sometimes and just skim. By the way, how many people are still here on this blog? Now I am done.


  40. The gazer June 25, 2016 at 10:49 AM #

    i still heah. The Brexit thing too complicated for me. So I aint going dey.


  41. TheGazer June 25, 2016 at 11:31 AM #

    Saw a comment by David of BU that was excellent… It was a response to a comment about ‘changing the constitution” . Basically he stated that we have laws that people were not obeying, so changing the constitution may not be the solution.

    (Forgive me if the above is a bad paraphrase, blame it on old age and not on bad intentions)

    I believe that comment dentifies a main part of the problem…. It is not the laws that are at fault, it is the people who should obey/uphold/administer the laws that is the problem. Corrupt leadership and faulty governances is our problem.


  42. Donna June 25, 2016 at 12:33 PM #


    People like to make things seem more difficult than they are. We need to stop looking up in the sky to see when it’s going to fall and get back to controlling ourselves. Then it will matter less what others do.


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