Three years after a motorcycle that was unlawfully operated slammed into the back of a car on West Bay Road, seriously injuring both people on the motorbike, a lawsuit has been filed against the Cayman Islands government over the accident.
The writ, filed on behalf of Ernest Reynolds and Nicolas Bush against the Cayman Islands Attorney General, seeks the award of monetary damages in connection with the March 16, 2011, crash. Mr. Reynolds was 16 and Mr. Bush was 15 at the time.
The argument in the case is that the Royal Cayman Islands Police constable who initiated pursuit of the motorbike early that morning owed the two teens “a duty of care.”
The RCIPS had not filed a response to the lawsuit in the Grand Court by press time.
According to the writ, the teens were on the motorcycle heading southbound along West Bay Road when the RCIPS officer noticed it crossing the intersection at Lawrence Boulevard with its lights switched off around 3 a.m. The officer made a U-turn and followed the motorcycle.
The writ claims that the officer “so negligently” drove his vehicle in pursuit of the two boys, chasing them down at speeds of 50 to 60 miles per hour. The lawsuit claims that contrary to police policy, the officer did not alert his supervisors about the chase.
The lawsuit also points out: “It is admitted that, at the time of the accident and because the motorcycle was being repaired, it was not insured, the license had expired, was not illuminated, did not have a valid certificate of road-worthiness and was being driven … without being qualified to drive it.”
The writ alleges that the police officer drove his patrol car in such a way as to prevent the motorcycle from overtaking a Honda Civic in the southbound lanes of West Bay Road at the time.
“On catching up with the [teenagers’] motorcycle somewhere adjacent to St. Matthew’s [residence hall], PC 284 Branaugh Phillips drove his motor vehicle in a careless, reckless and/or dangerous manner, weaving from left to right behind the motorcyclist who was riding the motorcycle at 28 miles per hour,” the writ states. “The [police constable] collided with and/or forced the [motorcycle] into the back of the … Honda Civic” resulting in a collision that occurred just before the junction of West Bay Road and Slate Drive.
According to reports at the time of the crash, the 34-year-old female driver of the Honda, who was several months pregnant, and her three passengers were taken to the Cayman Islands Hospital suffering from head and neck pain.
Mr. Reynolds is seeking special damages for medical expenses of nearly $10,000 owed to the Cayman Islands Hospital. Mr. Bush, who suffered far more serious injuries, is seeking more than US$325,000 for local hospital costs, as well as the cost of an airlift to Miami and treatment at Jackson Memorial Hospital there.
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