Injured Teacher’s Lawsuit Dismissed

NASSAU, BAHAMAS – A Supreme Court judge has dismissed a lawsuit brought by a teacher who was injured during an attack by S C McPherson students in 2016.

The teacher, Desmond Darville, sustained a broken shoulder when students hit him with bottles while taunting him with gay slurs on May 30.

Darville sued the Minister responsible for Education, Science, and Technology and the Attorney General for negligence, accusing them of failing to ensure that security officers were stationed at the lunch pavilion.

He was at the school to invigilate Grade 9 students who were sitting the Bahamas Junior Certificate Examination (BJC).

After the morning session, Darville went to the lunch pavilion to get his food.

As he left with his food, he was attacked by several students who pelted him with drink bottles, breaking his left shoulder.

Darville said he still experiences pain and weakness in his left shoulder and arm.

As a result, Darville said he no longer earns extra income by teaching evening art classes at Sip N Paint, draping for special functions, teaching and selling pottery, creating costume designs for Carnival and Junkanoo along with freelance interior decorating.

Nioshi Symonette, the lunch vendor who witnessed the attack, described the pavilion as a “hot spot” for deviance.

She said she had also witnessed attacks on a security guard as well as a student.

According to her, the students lit a stall on fire and have broken into the stalls to steal knives. The police have had to be called in the past. She said she expects four to five fights every day. However, Symonette said, in the 12 years she had worked at the school, she only witnessed one attack on a teacher by a student, which occurred towards the back of the school.

In dismissing Darville’s lawsuit, Senior Justice Indra Charles said he failed to prove that the attack was reasonably foreseeable since the past attacks at the pavilion were between students.

Although he lost the lawsuit, the judge did not order Darville to pay costs.

Gail Lockhart-Charles KC and Candice Knowles appeared for Darville.

Luana Ingraham and David Whyms represented the defendants.