A chef who could no longer work after she fell and broke her wrist has settled her negligence lawsuit against the Trinidad Hilton and Conference Centre.
Lawyers for Phillipa Nottingham and the hotel came to the settlement as her lawsuit was set to go on trial before Justice Frank Seepersad at the Waterfront Judicial Centre in Port-of-Spain on Tuesday.
Although the exact terms of the settlement cannot be revealed as the consent order contained a non-disclosure clause, Guardian Media understands that the hotel agreed to make a payment to Nottingham without the admission of any liability.
The lawsuit stemmed from an incident at the hotel on December 31, 2017.
Nottingham, 54, was transferring items between two kitchens using a trolley when she slipped and fell near the pool area.
She was taken to the Port-of-Spain General Hospital for treatment and an X-ray revealed that she suffered a fracture to her right wrist.
Her wrist was placed in a cast for six weeks. When it (the cast) was removed, Nottingham could not make a fist with her injured hand due to nerve damage.
Although she could not return to work as a chef due to the injury, the hotel continued to pay Nottingham until October 2020, when she was terminated and paid compensation under the Workmen’s Compensation Act.
In the lawsuit, Nottingham, through her lawyer Criston J Williams, contended that the hotel was negligent in failing to provide a safe workspace including an adequate system to transfer items between the kitchens.
Nottingham, who was assessed to be 35 per cent partially disabled, was seeking significant compensation which was mostly based on her continuing medical expenses and loss of future earnings.
“The Claimant has, since the date of the incident, lived in constant pain and has become dependent on painkillers for limited temporary relief,” her lawyers said.
“The Claimant’s job prospects in her competency area have become nil, and she is presently dependent on her common-law husband to finance the bulk of her daily living needs,” they added.
In its defence, the hotel denied any wrongdoing.
It claimed that it had installed a covered walkway for kitchen staff to move between the kitchens but Nottingham chose to walk near the pool area in contravention of its policy.
The hotel was represented by Raphael Morton-Gittens. Nottingham was also represented by Chantal Alleyne-Charles.