6/24/2008
START DATE
END DATE
26-Jun-08
Thomas Hofer (by his next friend Anna Hofer) v. The Bermuda Hospitals Board
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
Hon. Geoffrey R. Bell
Michael Scott Browne Scott
Allan Doughty
FACTS OF THE CASE:
On 12 February 1994 Thomas Hofer admitted for a psychiatric condition became quadriplegic after an accident at St. Brendan?s Hospital. The accident's specifics were contested but it involved Hofer sustaining injuries while in the hospital's care.
SUMMARY:
Whether the delay in prosecution prejudiced the defendant's ability to have a fair trial given the death of a witness and the unavailability of another key witness
OUTCOMES:
The case was dismissed for want of prosecution citing inordinate and inexcusable delay and significant prejudice to the defendant due to the unavailability of critical witnesses.
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Thomas Hofer (by his next friend Anna Hofer) v. The Bermuda Hospitals Board
On 12 February 1994 Thomas Hofer admitted for a psychiatric condition became quadriplegic after an accident at St. Brendan?s Hospital. The accident's specifics were contested but it involved Hofer sustaining injuries while in the hospital's care.