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Case details

Crisen Jendra Roopchand (Appellant) v Karen Tesheira (The Executrix of the Estate of Russell Tesheira) (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2018/0096

Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue

Whether the Court of Appeal was correct to uphold the trial judge’s findings as to causation and quantum (among other matters).

Facts

On 13 April 2004, Mr Tesheira was admitted to the Gulf View Medical Centre ("GVM") to undergo surgery on his prostate. The operation was performed by Dr Goetz, whilst Dr Roopchand acted as Mr Tesheira’s anaesthetist. Mr Tesheira experienced heavy bleeding following the operation and died the same day. Mr Tesheira’s widow and executrix, Mrs Tesheira, issued a writ of summons against GVM, Dr Goetz, and Dr Roopchand for clinical negligence in the death of her husband seeking damages in excess of TTD$18 million.

Mrs Tesheira’s claim against Dr Goetz was settled before trial. At first instance, Kokaram J awarded Mrs Tesheira damages of TTD$18,034,772.33 (plus costs to be assessed) against GVM and Dr Roopchand. GVM and Dr Roopchand’s appeal to the Court of Appeal was dismissed (although several findings of Kokaram J were reversed). GVM and Dr Roopchand now appeal to the Judicial Committee, with leave of the Court of Appeal, against both liability and quantum.

Parties

Appellant(s)

Crisen Jendra Roopchand

Respondent(s)

Karen Tesheira (The Executrix of the Estate of Russell Tesheira)

Appeal

Justices

Lord Reed, Lady Arden, Lord Hamblen, Lord Stephens, Lord Pentland (Scotland)

Hearing start date

This hearing has been adjourned as a result of information provided to the Court.