Tobago Correspondent
Plagued by haunting “memories of blood, horror and death,” the family of Angelica Jogie have initiated legal action over the tragedy that claimed her life at Pigeon Point Beach, Tobago, on April 8. The seven-year-old was struck and killed by a jet ski after it ploughed past the rope demarcating a bathing-only zone, slamming into Angelica and three other relatives.
In a 202-page pre-action protocol letter, the Jogies began legal proceedings claiming negligence and breach of duty by the jet ski operator, the Tobago House of Assembly (THA) and Pigeon Point Heritage Park. Attorneys argued the incident, while avoidable, was a culmination of institutional failures which exposed the public to the risk of injury and death.
The family is being represented by Freedom Law Chambers, headed by Anand Ramologan, SC.
In the letter, Angelica’s parents, Arnold Jogie and Salisha Narine-Jogie, said the entire family, including their other daughter, Angelina, remain traumatised by the incident.
In a testimony, Angelica’s mother said confirmation of her eldest child’s death felt “like a knife pierced straight through my chest.” The family said the incident has destroyed their lives and unable to enjoy family gatherings, recreational activities and social events.
Angelica’s father, who was rendered unconscious after being hit by the jet ski, said the incident has robbed him of his child and left him in emotional anguish because he could not protect her from harm.
The family said Angelica’s room remains untouched with her toys and school books from San Fernando TML still in place “as though frozen in time from the day she left home.”
Their home, the Jogies continued, feels empty and devoid of life, laughter and joy.
“There is now a silence where Angelica’s voice ought to be.”
The family also expressed concern for their other daughter, a claimant in the proceedings, who will grow up without the companionship of her sibling.
In the letter, the attorneys recounted the incident and noted an hour-long delay for an ambulance to arrive.
A 32-year-old male suspect from Canaan, who fled the scene after the incident, was named in the letter.
He was arrested hours after the incident while asleep at his home, but was released by police pending further investigations and has still not been charged.
Jogie’s attorneys contend the jet ski operator drove the watercraft in a dangerous and reckless manner; failed to comply with safety regulations and demarcations; failed to slow down or turn to avoid collision; showed insufficient regard for the presence of bathers; and failed to take reasonable care for the safety of Angelica, the claimants and other bathers.
The Jogies claim the THA and Heritage Park failed to take steps to ensure that Angelica, the claimants and other bathers were safe from injury caused by jet skis.
Attorneys contend the THA ought to have known jet ski operations in close proximity presented a risk of injury and/or death. They added that the THA had prior notice of the safety risk owing to complaints, previous incidents and judicial rulings and should have acted in earnest and implemented safety measures.
The Jogies also blamed the THA and Heritage Park for not ensuring the physical demarcations for the bathing area—such as buoys and ropes—were properly maintained, visible and effective.
Angelica’s mother, who was also injured by the jet ski, allegedly suffered injuries to her neck and spine and temporarily lost hearing in her left ear after being hit. The incident, according to the letter, has affected Narine-Jogie’s sleep, concentration, emotional stability and daily functions. She missed one month and two weeks of work after the tragedy.
The letter noted Jogie suffered pain and discomfort to his back, chest, left side, shoulders and muscles in the collision and continues to experience discomfort. The air-conditioning technician reportedly missed one month and five days of work.
Attorneys said the claimants are all still receiving medical treatment, and assessment of injuries remains ongoing.
The Jogies are seeking damages for the death of Angelica; damages for personal injuries; pain and suffering; loss of earning capacity; loss of future earnings and loss of amenity; and damages for nervous shock and psychiatric injury.
A special claim on behalf of Angelica’s estate was made for “loss of earning during the lost years” and “loss of expectation of life for $25,000” and/or whatever sum deemed appropriate by the court.
The parties were given 28 days to respond to the letter and state their position on liability.
“If there is no admission of liability, we shall proceed to file our client’s claim without further notice,” the letter said.
Contacted yesterday, Secretary of Legal Affairs Adanna Joseph-Wallace told Guardian Media she was not aware of the claim, but said the THA had supported the family as best it could given the circumstances. She said the family remains in their prayers as they cope with their loss.
She urged Parliament to pass the Buccoo Reef Marine Park Bill or give the THA the autonomy to enact legislation to ensure public safety.
In 2010, Justice Judith Jones found the THA and Pigeon Point Heritage Park liable for a 2007 boating incident at Pigeon Point Bay, which left one teenager paralysed and his Spanish girlfriend maimed. An appeal by the THA was thrown out by Justice Alice Yorke-Soo Hon. The matter was settled out of court.
Following the accident involving Jogie, Chief Secretary Farley Augustine warned that if the THA was sued, he would instruct THA attorneys to sue central government and Attorney General John Jeremie. He also argued that despite repeated complaints about unlawful jet ski operations at Pigeon Point, law enforcement failed to address those concerns.
Efforts to contact Augustine and the police for a response were unsuccessful up to press time.
