The Court of Appeal has allowed the father of a boy who was electrocuted by power lines to proceed with a lawsuit against the Trinidad and Tobago Electricity Commission.
The court, comprising of Chief Justice Ivor Archie, Justice Nolan Bereaux and Justice Rajendra Narine, on March 10, reversed the decision of trial judge Shafeyei Shah who had dismissed the father's claim. Through Roopnarine and Company, Poplal Deosaran had filed a negligence claim against T&TEC in the San Fernando High Court. Deosaran's 17-year-old son Sudesh was electrocuted on February 21, 2003, while working on a steel roof in Princes Town. Deosaran had alleged that T&TEC's high voltage power lines were too close to the building on which his son was working. But the trial judge had dismissed Deosaran's claim as a result of misnumbering.
In overturning the decision, Justice Archie said since T&TEC was always aware of the claim that was being pursued against them and the fact that the documents had been misnumbered under the new Civil Proceedings Rules, that did not change the case. Archie questioned whether "putting a horse in a garage made it a car," with reference to the misfiling. The Appeal Court judges also ordered T&TEC to pay Deosaran's cost of the appeal. Attorneys Shawn Roopnarine and Taurean Dassyne of Roopnarine and Company represented Deosaran while the firm of Pollonais and Blanc represented T&TEC.