Injured Old Harbour jogger contemplates lawsuit against NWA

For the last seven years the ex-army man has been a regular participant in several of the island’s popular charity road races, copping a few medals and trophies along the way.

But his daily hobby has been halted after twisting his ankle in a pothole while jogging a few days ago. The incident occurred at the bridge connecting the far end of West Street and the Bodles main road.

While running alone along the roadway on August 16, Mollison said he sustained a fall after landing awkwardly in a deteriorated section that stretched across the bridge.

The injury has infuriated Mollison whose is claiming that his physical and mental wellbeing have been upended which potentially could cause him emotional and financial distress.

An official report has been filed at the Old Harbour Police Station which the police have confirmed.

“It happened just after 5:15 am,” Mollison told Old Harbour News, noting that he had to call other joggers to come to his aid. “I have started the inquiry so far I gather that it is not the Parish Council that is responsible, it is the National Works Agency because the road is not a parochial road, it is classified as a major road.”

The 46-year-old said he will be writing to the NWA about the incident, but a lawsuit is last resort only if the state agency failed to rectify the problem within reasonable time and agree to financial compensation for medical cost incurred.

“So if my medical cost is $50, give me back my $50 and fix the road, and everything is OK with me,” he said of his intentions.

“Outside of that if they refuse, then we will take it to court… and proceed with the matter from there.”

A long process

Compensation to the motoring public or pedestrian as a result of road defects rarely materialized in Jamaica. Most times the aggrieved member of the public tend to cut their losses rather than engage the state in a legal battle as the cost in time loss far outweighs the compensation in the end.

However, Mollison said his position is one grounded in principle and is hoping other persons who have suffered similar fate will come forward and join his cause.

“The long and short of the story is that it (the road) has been neglected for so long and by virtue of the authorities not paying attention it has cause further harm and damage to the people,” the New Harbour Village II resident said.

He said the ankle is still swollen even though he has been taking medication to treat the injury sustained two Sundays ago.

Stephen Shaw, corporate communications manager at the NWA, said lawsuits against the agency are addressed by its legal department and by extension the Attorney General Chambers.

“Matters of legal nature they don’t come to me, so anybody that has such issue, they take to the legal department,” Shaw told Old Harbour News, noting that the availability of funds or its lack thereof, is a major factor in ensuring that the nation’s roads are properly maintain.

The area in question has been gradually deteriorating over the years. Last year December road patching work was carried out along sections of West Street and other roads in and around Old Harbour, but the area where Mollison’s injury occurred was not addressed.