Grenadian court awards financial damages to man beaten by dog owners

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An angry dog. (Reader's Digest photo)

ST GEORGE’S, Grenada (CMC) – A Grenadian High Court judge has awarded EC$67,220 (One EC dollar=US$0.37 cents) in special and general damages to the estate of a man who suffered injuries after he accidentally killed the dog of a husband and wife four years ago.

Evan Smith, now deceased, has won a civil matter against Dolan Kavanagh and his wife, Sarah Hatton following the incident that sparked widespread protest as hundreds of people called for justice.

High Court judge, Justice Agnes Actie, ruled that the couple pay Smith’s estate the funds in special and general damages.

“The 1st and 2nd defendants shall pay the claimant the following awards: 10 i. Special Damages in the sum of $7,970.00 with interest at the rate of three per cent per annum from the filing of the claim until judgment and at the rate of six per cent from the date of judgment until payment in full,” said the judge.

The civil matter was heard on March 12 this year with the court ruling in favour of the claimant and directed the parties to attempt a settlement on quantum, failing which damages would be assessed. The parties failed to settle, and as a result, the judge gave a judgment.

On June, 25, 2020, Smith, was driving his vehicle with workers to a job site. Upon arriving at the job site, Smith was alerted by one of his workers that the vehicle had struck a dog.

Court documents show that Kavanagh and Evan had a physical altercation as a result.

“Kavanagh signalled Mr Smith to stop his vehicle and directed that he was not permitted to leave until the police arrived. Kavanagh then reached into Mr Smith’s vehicle through the open window and removed the keys from the ignition. Mr Smith attempted to exit the vehicle, and the first defendant slammed the door onto Mr Smith’s chest, striking him on his face and body.

“Mr Smith’s body was propelled backwards onto the vehicle and his head struck the vehicle. While Mr Smith attempted to regain control of himself, the defendants approached him, and began punching him in his face, chest and head.

“Throughout the attack, Mr Smith was unable to defend himself and the defendants referred to Mr Smith as being “retarded”, “stupid” and used obscenities and other derogatory phrases about him,” according to the court documents.

The documents said that Smith was diagnosed wit laceration to the upper lip, deformity of the upper lip, facial contusion, multiple contusions to thorax, abdomen and limbs, post-concussion syndrome with associated amyotrophic lateral sclerosis, acute stress disorder as well as fractured upper left canine and lower two-thirds of the crown missing

Smith is deceased, but not as a result of the incident, with the court being told that he had a pre-existing condition.

Attorney Caryn Adams, the counsel for Evan Smith’s estate, had argued for general damages for pain and suffering and loss of amenities in the sum of EC$65,000, while attorney Arley had recommended an EC$10,000 award.

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