A man who trespassed on a property and was shot in the head by a security guard has been awarded $2 million with interest by the Supreme Court, which has ruled that a trespasser is entitled to protection from reckless acts.
In the ruling handed down last month, the Supreme Court ordered the security firm Marksman to pay David Humphrey, who was shot in the back of the head by one of its security guards on November 22, 2003.
Humphrey and his friends had trespassed on the Carib Cement Company premises in Rockfort, St Andrew, to play football.
Luther Lewis, a security guard employed to Marksman, ordered them off the premises.
Humphrey said they obeyed and while they were walking away, he heard an explosion before feeling a burning sensation to the back of his head with blood flowing from the area. He lost consciousness and woke up in the Kingston Public Hospital where he was admitted for 13 days.
Represented by attorney-at-law Garth Lyttle, Humphrey sued Lewis, Marksman and the cement company to recover damages for negligence.
Lewis, a licensed firearm holder, in his defence, said on the day of the incident he saw a group of men, some armed with machetes, approaching the guardhouse. Humphrey was among the group.
He said he told the men that they were trespassing and ordered them to leave the premises, and they agreed to leave. When they reached the entrance of the premises, some of the men began chopping at a conveyor belt and electric wires.
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