A Florida nurse who sued the operators of the popular Pier One entertainment venue in Montego Bay, St. James, has been ordered to pay more than $1 million as security for costs in order for her claim against them to proceed.
The Supreme Court determined that because she is an overseas resident, there was a risk that she could lose the claim and the defendants would be unable to recover legal costs from her.
The nurse filed a negligence claim in 2018 based on an incident at Pier One in 2014.
She claimed that while on a visit from overseas, she stopped to use the bathroom and fell because the floor was wet and had an uncovered floor ramp.
The Pier One operators denied her claim and in their defence argued that they were unaware of her accident, and the area was not laid out as she described.
They also filed an application for the nurse to pay more than $2 million as security in case she lost the case, because she had no identifiable assets in Jamaica.
The nurse opposed the application and argued that this was unfair to her as she could not afford this sum, and her case should proceed because it was strong.
However, the Supreme Court ruled that Pier One satisfied the requirements under the law to get the security for costs, but it would not grant the full amount being sought.
It ordered the nurse to pay the sum of $1.3 million as security by October this year, or her case would be struck out.
It also ruled that no other proceedings should take place until the money was paid.
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