Dental services provider Cobeer Persaud has sued Eccles heavy machinery business, Phoenix Welding and Fabricating Inc over alleged damage and noise caused by heavy vibrations.
The lawsuit is a reflection of a growing trend of industrial-type businesses opening up in various communities and creating friction with neighbours. The matter was filed in October last year and has not yet been fixed for hearing.
In his statement of claim, Persaud is seeking damages in excess of $5m for nuisance by vibration or noise or alternatively for negligence.
He is also seeking damages in excess of $100,000 for alleged damage to his building on the E1/2 of the N1/2 of 14 Peters Hall, in the Eccles-Ramsburg Village.
Persaud is also seeking an injunction to restrain the defendants from moving or permitting heavy-duty equipment to move upon the south half of Number 12 Peters Hall so as to cause a nuisance to the claimant.
The claimant deposed that he has been carrying on his dental business for many years at the Eccles location and lives in the upper flat. He said that on July 30th, 2023, the defendants took a hymac, bulldozer and roller among other heavy-duty equipment on the S1/2 of Lot 12 Eccles and used the said equipment to develop the land there and on a portion of 13 Peters Hall.
The claimant averred that this caused excessive dust and noise from July 30th , 2023 until August 21st , 2023. Persaud swore that the activities caused his building to “vibrate violently” and that this caused the bedroom wall of his building to crack.
Persaud said that he made a report to the police and to the Eccles-Ramsburg Neighbourhood Democratic Council (NDC) and officers of the NDC visited the area on August 3rd, 2023 and instructed the defendant and their workers to cease all developmental works on the land.
The claimant said that while the officers of the NDC were speaking to the defendant’s workers, a man by the name of `Cukkoo’ told the workers to disregard the advice of the NDC ”because he is from the Office of the President and the instruction from the Office of the President is to continue the work”.
As a result, the work continued and was completed on August 21st 2023. On the night of August 23rd, 2023, the claimant deposed that the defendant took over 20 pieces of heavy-duty equipment on the land and there was excessive banging and vibration for many hours. On August 25th, Persaud said that one of the defendant’s heavy-duty rollers ran into his southern fence and broke a section of the fence that was later repaired by the defendant.
Persaud said that the continuous heavy banging of heavy-duty equipment has interfered with his sleep and health.
Persaud asserted that the defendant’s intent is to continue to commit the nuisance he has suffered and he therefore prayed for the remedies he has sought from the court.
