On April 14, 2010, former Sandals waitress Miriam Myers was going to a refrigerator to retrieve dessert for guests when she slipped and fell on the wet floor, according to an October ECSC assessment of damages.
Ms. Myers was badly injured, suffering a herniated disc and degeneration to other discs in her back, which rendered her unable to work, court documents state.
“In fact, she claims that her lifestyle is now sedentary since she cannot walk as she did before, due to her pain,” High Court Master Raulston Glasgow wrote in his assessment.
In May 2015, Sandals signed a consent order that it was liable for the injury, and agreed to pay $17,700 in “special damages,” the assessment states.
However, the resort disagreed with how much Ms. Myers should receive in general damages.
The assessment states that Ms. Myers sought $150,000 for pain and suffering, $229,195 for future loss of earnings, and $50,000 for future medical expenses.
Sandals, for its part, disputed Ms. Myers’ claim for future medical expenses, and was willing to pay only half of Ms. Myers’ claims for pain and suffering and loss of future earnings.
The reason Sandals only wanted to pay half of her claim for loss of future earnings, according to the assessment, is because the hotel claimed that most waitresses only work until the age of 50, rather than the standard retirement age.
The hotel also argued that it should only pay half of Ms. Myers’ claims for pain and suffering because much of that suffering was due to her declining to undergo doctor-recommended surgery, the assessment states.
However, Ms. Myers replied that she was willing to have surgery, but didn’t have the financial resources for it, the assessment states.
Mr. Glasgow sided with the former employee.
“I have already found that there is no evidence to support Sandals’ position on Ms. Myers’s disposition to having the surgery,” he stated. “My view of the evidence is that she is inclined to undergo the same but she is hampered in her efforts by her lack of financial resources.”
Mr. Glasgow ended up awarding Ms. Myers $95,000 for pain and suffering, $193,454.65 for future loss of income, $45,740.29 for future medical expenses, $30,000 for travel expenses, $52,308.69 for court costs and $9,525.52 in interest, according to the judgment.
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