A 28-year-old soldier who was injured in a rifle accident in 2005 has received more than $400,000 in damages from the State.Darren Morris, who has lost sight in the right eye, was awarded damages by Master Martha Alexander, presiding in the Port-of-Spain High Court.
Morris was awarded almost $290,000 in damages which represented his pain, suffering and loss of amenities which affected him after the incident. The sum included interest which was calculated from the date of the injury at a rate of nine per cent per annum.Alexander also awarded Morris $54,000 in special damages as well as $60,000 for his loss of promotional prospect.
According to his statement of case, on May 26, 2005, Morris, who was a recruit at the time, was involved in a training exercise at the Tucker Valley Shooting Range.Morris claimed that while participating in the shooting exercise, his weapon malfunctioned. Morris said before attempting to fire the gun he was told by a senior officer to exchange it.
Morris claimed that before he was able to check the second firearm he was ordered to fire it."Morris complied with this instruction and when he chambered a round of bullets in order to fire his rifle, it exploded causing extensive injury to his right eye," the statement said.
After the explosion, Morris was taken to the Regiment's medical department. Medics suggested that he be transfered to the Port-of-Spain General Hospital, as the department could not treat his injury. He was later taken to hospital where he underwent emergency surgery.In his lawsuit, Morris claimed the State was negligent for a delay in seeking medical attention for him after the explosion. He also claimed the training exercises were unsafe and were conducted in a dangerous manner.
Despite his injury, Morris was eventually admitted into the Regiment.The lawsuit was not challenged by the State and a default judgment was entered in the lawsuit.Morris was represented by Kent Samlal, Abdel Mohammed and Shabaana Mohammed. Attorney Monica Smith represented the State.
