PARIA Fuel Trading Company says it believes it bears no legal responsibility for any of the injuries suffered by Christopher Boodram, the only diver hired by LMCS Ltd who survived an incident on February 25 at its berth in Pointe-a-Pierre.
But Paria may be prepared to consider giving him medical assistance using doctors it has selected or approved.
On April 20, Paria’s attorneys responded to a letter sent by attorneys representing Boodram and Vanessa Kussie, widow of diver Rishi Nagassar.
Nagassar, Yusuf Henry, Fyzal Kurban, and Kazim Ali Jr died in the 30-inch seabed pipeline. The five were all divers with LMCS.
Attorney Gretel Baird, along with Gilbert Peterson, SC, Jason Mootoo, Thane Pierre, and Sebastian Peterson, is representing Paria.
In the response, she pointed out that at the time of the incident, Boodram’s employer was LMCS and when he was injured, he was working under LMCS’ direction and supervision.
Baird also said LMCS expressly contracted with Paria that it would instruct its personnel on the safety regulations; provide and maintain all safety equipment; supply adequate, competent, and certified/ licensed labour for the specific job functions; full-time supervision; materials, tools/equipment; ensure tools and equipment were in good working order; and ensure its tools and equipment were inspected before each use to ensure they were fit for purpose and had no defects.
But, she said, “I am instructed that while Paria is of the view that it bears no legal responsibility for any injuries sustained by Mr Boodram, without any admission of liability on its part and purely as a gesture of goodwill, it may be prepared to consider providing assistance to Mr Boodram through the provision of medical treatment using doctors selected or approved by it.”
Baird asked for a description of Boodram’s current medical condition; all medical reports prepared; and whether he has made any request to his employer, LMCS. She also asked for a copy of the request, if it was made in writing, and LMCS’ response.
On March 22, Boodram’s attorneys, Anand Ramlogan, SC, and Dr Che Dindial, wrote to Paria asking if the company would pay Boodram’s medical expenses and the costs of hiring an independent international expert. They also made 23 requests for information from Paria on the incident, which Baird said would be responded to separately.
On the request to hire an international expert, Baird said it was “unreasonable” and was declined for several reasons.
“Firstly, as mentioned above, Paria does not consider itself liable to your clients for the events of 25th February 2022.
“Secondly, assuming your clients desire the services of an expert for the purpose of commencing civil proceedings against Paria, it is customary for parties to legal proceedings to retain and meet the costs of their own experts.
“Thirdly, the reports in the press concerning the commission of inquiry suggest that the commission will secure independent expert advice. Your clients will therefore receive the benefit of this advice once t
