The parents of seven-year-old Angelica Jogie, who died after a jet ski collision at Pigeon Point Heritage Park in Tobago on April 8, have issued a pre-action protocol letter signalling their intention to pursue legal action against the Tobago House of Assembly (THA), Pigeon Point Heritage Park Ltd, and the jet ski operator.In a pre-action protocol letter dated July 15 from Freedom Law Chambers led by Anand Ramlogan, SC, attorneys acting for the Jogie family outlined a proposed claim on behalf of Angelica’s parents, Salisha Anita Narine-Jogie and Arnold Jogie, her sister Angelina Jogie, and the estate of the deceased child.
Family loss: Salisha Jogie and her daughter, Angelica Saydee Jogie, bottom left, together with her sister, Angelina, and father, Arnold Jogie. Angelica died in a jet ski accident at the Pigeon Point Heritage Park in April.
According to the letter, the family was bathing in the sea within what was described as a designated bathing area at Pigeon Point Heritage Park when a jet ski allegedly entered the area and collided with family members.The attorneys stated that Angelica sustained multiple traumatic injuries and later died.The letter cited her death certificate as confirming that she died from multiple traumatic injuries arising from the collision.It further stated that both parents suffered physical injuries during the incident, while Angelina witnessed the collision and its aftermath.The family’s attorneys allege that the operator failed to exercise reasonable care in operating the jet ski and failed to keep the craft under proper control.The letter also alleged that the operator entered an area being used by bathers and failed to avoid striking members of the public who were lawfully using the beach.However, the letter argued that responsibility for the incident extended beyond the operator and included failures by public authorities.According to the pre-action letter, the THA and Pigeon Point Heritage Park Ltd were responsible for the management, operation, supervision and safety of activities conducted at the facility, including watercraft operations.The family alleged that both entities failed to establish, implement, maintain and enforce adequate safety measures to protect beach users from the risks posed by jet skis and other watercraft.The attorneys argued that the authorities knew or ought reasonably to have known of the risks associated with jet ski operations in proximity to swimmers and bathers.The letter stated that prior incidents, complaints, reports and policy discussions had highlighted concerns regarding jet ski operations in Tobago and the potential danger posed to members of the public.The claim pointed to a draft Jet Ski Policy and Regulations document prepared by a THA-appointed task force in 2017.The policy was developed after concerns were raised about accidents involving jet skis and conflicts between watercraft users and bathers.According to the report, at least five serious jet ski accidents have been reported in south-west Tobago since the beginning of 2015.The proposed claim noted that the policy specifically recognised the danger of jet skis operating close to swimmers and recommended several measures to address those risks.Among the recommendations were restrictions prohibiting jet skis from operating within 300 feet of bathers, swimmers, snorkellers and divers, the creation of designated operating areas, mandatory licensing requirements and enforcement mechanisms involving the police, Coast Guard and fisheries officials.The policy further proposed fines for operators who breached the regulations and recommended that jet ski use be confined to designated areas.The attorneys argued that the existence of the policy demonstrated that the dangers associated with jet ski operations near swimmers had been identified years before the fatal collision.The pre-action letter stated that despite knowledge of these risks, adequate preventative measures were not implemented or enforced.The attorneys for the family further alleged that a dangerous situation was allowed to continue, creating conditions in which a jet ski could enter an area being used by bathers and collide with members of the public.Trauma family endured The attorneys also raised concerns regarding the emergency response following the incident.According to the letter, the family endured what was described as an unreasonably long wait for an ambulance after the collision. The proposed claim stated that this delay contributed to the pain and suffering experienced by family members.In outlining the impact of the incident, the letter stated that the parents suffered physical injuries as well as psychological and emotional trauma.The letter stated that Salisha Narine-Jogie experienced nervous shock and recognised psychiatric injury arising from witnessing the incident involving her daughter.The attorneys stated that Arnold Jogie suffered physical pain and limitations resulting from injuries sustained in the collision, and also experienced psychological trauma following the death of his child.The letter further stated that the family’s surviving daughter experienced emotional and behavioural changes following the loss of her sister.The incident affected the family’s daily lives, relationships and overall quality of life, the pre-action letter indicated.The attorneys stated that both parents missed periods of employment following the incident. The letter said Salisha Narine-Jogie was absent from work for approximately one month and two weeks, while Arnold Jogie was unable to work for approximately one month and five days.The family indicated they would seek damages for personal injuries, pain and suffering, loss of amenity, nervous shock, psychiatric injury, loss of earnings, future loss of earnings and loss of earning capacity.The claim also seeks special damages for expenses including medical treatment, transportation, counselling and psychological care.On behalf of Angelica’s estate, the family indicated that it would pursue damages for loss of expectation of life and loss of earnings during what was described as the “lost years”.The proposed claim also sought aggravated and exemplary damages.The attorneys alleged the conduct of the proposed defendants demonstrated a disregard for the safety of families and children using the beach facility.The letter called on the proposed defendants to state their position regarding liability and engage in discussions aimed at resolving the matter.Freedom Law Chambers advised that if there was no substantive response within 28 days, High Court proceedings would be initiated without further notice.Attempts to reach THA Chief Secretary Farley Augustine yesterday were unsuccessful.Meanwhile, police said the investigation into Jogie’s death will be completed soon.Investigators are expected to meet with Director of Public Prosecutions Roger Gaspard, SC, this week for instructions on what charges, if any, would be laid in the matter.
