2/17/2006
START DATE
END DATE
16-Oct-07
Carl Paiva v. Hamiltonian Hotel & Island Club Ltd.
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
KAWALEY J
Mark Diel Marshall Diel & Myers
Defendant does not appear
FACTS OF THE CASE:
The Plaintiff Carl Paiva seeks an injunction against the Defendant for a public nuisance claim related to an unsafe retaining wall on the Defendant's property posing a hazard. The wall adjacent to the public roadway Ocean Lane and opposite Paiva's properties is at risk of imminent collapse endangering users of the roadway including children. The Defendant Hamiltonian Hotel & Island Club Ltd. failed to repair the wall despite acknowledging the need.
SUMMARY:
Whether the Defendant's failure to repair a structurally unsafe wall constitutes a public nuisance.
OUTCOMES:
The court granted the injunction sought by the Plaintiff finding that the Defendant allowed a hazardous condition to persist by not repairing the retaining wall which constituted a public nuisance.
RULED IN FAVOUR OF:
Plaintiff
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Carl Paiva v. Hamiltonian Hotel & Island Club Ltd.
The Plaintiff Carl Paiva seeks an injunction against the Defendant for a public nuisance claim related to an unsafe retaining wall on the Defendant's property posing a hazard. The wall adjacent to the public roadway Ocean Lane and opposite Paiva's properties is at risk of imminent collapse endangering users of the roadway including children. The Defendant Hamiltonian Hotel & Island Club Ltd. failed to repair the wall despite acknowledging the need.