A man who damaged his eye in an accident at a Cayman Islands dolphin attraction has been awarded interim payments totalling US$500,000 in damages.
John McDow sued Dolphin Discovery after accidentally skewering his eye on a rusty piece of rebar jutting from a wall at the premises in March 2017.
The company has accepted partial responsibility for the incident and has already made a voluntary interim payment of US$350,000, according to court documents. A judge has now awarded a further US$150,000 damages in advance of a trial where the full amount of compensation will be determined.
The injury left 39-year-old McDow needing complex surgery to repair his eyelid. He has since suffered numerous complications, including severe headaches, which have harmed his job prospects, according to evidence submitted to the court.
His injuries prevent him from spending long periods of time using computers or on spreadsheets, according to the judgment, and meant he was unable to continue working as a sales manager.
He is seeking damages for loss of past and future earnings, as well as for medical bills and legal costs.
In such cases, interim payments are often made in advance of a final judgment to allow the claimant to cover medical costs and other expenses.
Justice Alastair Walters, after a hearing last month, ordered a further payment of US$150,000. In doing so, the judge said he was being “conservative”, and recognised that the final award would be higher.
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