The speeding driver whose car crashed into the Eccles/Haags Bosch roundabout a month ago, now faces a $4.1 million lawsuit from the State, for damage to the structure caused by the collision.
Government’s chief legal representative—Attorney General (AG) Anil Nandlall SC— by whom the action was filed, deposed in his statement of claim that Troy Humphrey’s “negligent, reckless and dangerous driving;” resulted in extensive damage to state property.
Noting that the two passengers in the car at the time had been rendered unconscious from the impact of the collision, Nandlall who described Humphrey’s driving as “irresponsible and dangerous,” said that he was negligent.
The AG said that given the circumstances, that is the only inference that can be drawn from Humphrey’s actions.
Nandlall said that as a result of the collision, government has incurred expenses to effect emergency repair works to the water fountain and other parts of the roundabout.
Those repairs, he said, totaled $2,100,000.
The State said that among those expenditures were monies for the supply and installation of stone tiles to the exterior of the fountain and mosaic tiles to its interior; draining, degreasing and cleaning the fountain of oil and other contaminants; as well as the replacement of jet, pump repairs and electrical works for the change of fountain lights.
The AG said that finances had to also been expended to facilitate pressure washing, cleaning and clearing of the site, supply of distilled water to fill the foundation and to allow for the replacement of filter materials due to contamination.
Nandlall said that on September 20th, he wrote Humphrey pointing out his reckless use of the road and dangerous driving which was “incontrovertibly” captured on CCTV footage of his vehicle bearing registration number PAB 805 crashing into the roundabout.
“You failed to stop or even apply any brakes whatsoever to your motor vehicle, and continued further south and collided into the roundabout,” Nandlall wrote in his latter, a copy of which was exhibited in his claim.
He continued, “as a result of your reckless, dangerous and negligent driving, as well as, your complete disregard for other road users, you caused damage to the water fountain and other parts of the roundabout.”
Particularising the $2.1 million which he said the State expended for emergency repairs, Nandlall demanded payment from Humphrey to that sum, within two weeks; noting that failure to pay, would result in legal proceedings.
While he seeks special damages to the tune of $2,100,000 million, the AG is also asking for damages in the sum of $1,000,000 for negligent driving; and an additional $1,000,000 in general damages for destruction to the structure.
Nandlall said that up to the time of the filing of the court action, no payment had been forthcoming from Humphrey.
It is in those circumstances that the AG is asking the court to award the State damages for all the expenses Humphrey has caused it to incur.
He is also seeking interest, costs and any further order the court deems fit and just to grant.
The AG said that apart from being a symbol of national pride and to beautify and modernise the country, the roundabout was part of a government overall infrastructural programme to connect the new four lane highway from Ogle to Eccles to the old East Bank Demerara road.
Background
Following the collision on September 15th, three persons had to be admitted to the Georgetown Public Hospital. The accident occurred just under two weeks after President Irfaan Ali had commissioned the roundabout.
The accident was caught on camera and showed the speeding car crashing into the roundabout and causing the catastrophic collision.
A police report had stated that around 21:40 hours on the day, a speeding car collided with the roundabout, causing extensive damage to the water fountain and other parts of it.
The car, PAB 805, was driven by Humphrey, a 27-year-old employee of the University of Guyana (UG) Library who resides at Lot 12-12 Norton Street, Wortmanville, Georgetown.
Investigations revealed that the car was speeding south on the Eccles to Mandela four-lane road and as the vehicle approached the intersection at the roundabout, Humphrey failed to execute the turn as the road markings indicated and drove into the roundabout.
As a result of the collision, the water fountain and other parts of the roundabout, along with the vehicle, were extensively damaged.
Both the driver and the occupants of the vehicle sustained injuries and were attended to by a team of emergency medical technicians who arrived shortly after on the scene.
They all were rushed in an unconscious condition to the GPH.
The police upon inspecting the scene, discovered opened and sealed bottles of alcoholic beverages inside and outside of the vehicle. It was reported that the driver narrowly missed hitting a parked police anti-crime patrol vehicle, which was at the roundabout when the incident occurred.
