NASSAU, BAHAMAS — The Court of Appeal has dismissed Sandals Resorts’ challenge to a $289,706.65 injury award granted to a former employee of its Emerald Bay property in Exuma.
Hilarena Nixon’s ordeal began on March 11, 2015, when she fell while unloading pallets of goods in the resort’s gift shop. Nixon, who was 55 years old at the time, attempted to break her fall but landed heavily on her hands. The impact resulted in injuries to her lower back, neck, shoulders, arms, and both knees. She also experienced numbness in her hands and ongoing pain in her shoulders, knees, and back, compounded by swelling in her right leg.
Nixon first sought medical attention on October 13, 2016, more than a year after the incident. She was assessed for chronic pain and mobility issues, with medical records indicating a positive straight leg raise test bilaterally and tenderness across multiple spinal levels. Diagnosed with multilevel disc disease and osteoarthritis of the knee, Nixon underwent knee surgery on November 14, 2015.
Despite these interventions, her condition worsened over time. By November 23, 2017, Nixon had been assigned a disability rating of 58 percent and was awaiting further evaluation by a spine surgeon. Her injuries had lasting effects on her physical abilities and professional prospects, forming the basis for her legal claim against Sandals.
In 2018, Nixon filed a negligence suit against Sandals and secured a judgment in default after the resort failed to submit a defense. The trial judge, Justice G. Diane Stewart, awarded Nixon $289,706.65 in damages. This amount was divided into termination pay ($12,404.66), special damages ($13,999.75), future medical expenses ($88,302.24), loss of future income ($110,000), and general damages ($65,000).
Sandals, represented by King’s Counsel Raynard Rigby, contested the awards for special damages, future medical expenses, general damages, and loss of future income. The resort argued that the awards were unsupported by medical evidence and flawed in calculation.
After reviewing the case, the Court of Appeal dismissed all 17 grounds of appeal. The panel, comprising the Honourable Justices Isaacs, Evans, and Smith, upheld the trial judge’s findings. The court noted that Sandals’ counsel had agreed to the awards for special damages and future medical expenses during the original trial, making these agreements binding and not subject to appeal. Medical records and evaluations supported the $65,000 awarded for general damages, as Nixon’s long-term physical impairment and 58 percent disability rating were deemed sufficient grounds. The $110,000 awarded for loss of future income was upheld as appropriately calculated based on Nixon’s diminished earning capacity.
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