DEEJAY Lady Saw has now petitioned the Court of Appeal in an effort to overturn a default judgement in favour of a day’s worker who had to be hospitalised for a month after being mauled by dogs at her upper St Andrew home in 2009.
In October 2012, 64-year-old Dorothy Wilson was awarded $1.5 million with interest by Justice Leighton Pusey during an assessment of damages hearing in the Supreme Court.
But the entertainer, whose given name is Marion Hall, last year had the judgement overturned on the ground that she was not served with documents. Wilson’s legal team had contended that proper service had been made.
The court, in setting aside Wilson’s judgement, had ordered that Lady Saw file her defence in 14 days, which she didn’t. As a result, Wilson went back to court in January and a default judgement was again awarded in her favour. A date is now to be set for a determination on how much damages Lady Saw is to pay.
Late last month, Lady Saw filed her notice of appeal against the second default judgement made against her by Justice Audre Lindo.
“The learned [judge] misdirected herself when she made the order in the absence of the defendant,” Lady Saw said in her appeal filed by the law firm DN Ferguson & Associates.
The dancehall entertainer also said in court documents that she was not the true occupier of the premises nor was she the owner of the dogs that attacked Wilson.
On Tuesday, Wilson’s attorney, Jacqueline Cummings, of the law firm Archer, Cummings & Company, told the Jamaica Observer that she will be proceeding to secure a date for the assessment of damages hearing despite the appeal being filed.
“The appeal, in my professional opinion, has been filed out of time,” Cummings explained.
Wilson was attacked on September 29, 2009 after completing a day’s work at the Chancery Hall, St Andrew residence of Lady Saw.
According to Wilson’s witness statement, she was left with over 20 bites when the approximately 10 dogs finally relented. She was rushed to the University Hospital of the West Indies where she spent five weeks.