Daraine Luton, Staff Reporter

BEACHES BOSCOBEL Family Resorts and its parent company, Sandals Resorts International, are facing a US$100 million lawsuit after the father of a 10-year-old United States girl filed for damages in Broward County circuit court on Monday.

Erin Marie Babineau died in the Miami Children's Hospital on February 22, 2005, after sustaining injuries in a Sandals-provided motor vehicle which crashed on its way to the Beaches Boscobel Family Resorts two days earlier.

Her parents, Jeff and Donna Babineau, of Strafford, Connecticut, blamed Sandals Resorts International for their child's death. "Because of Sandals' negligence, our family has suffered a devastating loss from which we can never truly recover," the parents said in a release.

In a 54-page document, Sandals is being accused of providing an unlicensed, unskilled and grossly negligent driver to take the Babineaus from the Donald Sangster International Airport in Montego Bay to the family resort in Ocho Rios, St. Ann. The Babineaus claim that not only did the driver exceeded posted speed limits but he was very aggressive on the road. The vehicle crashed into an oncoming truck killing the driver on the spot, while young Erin Marie suffered major injuries and later died.

Breach of contract

Alex Eisemann, attorney-at-law representing the Babineaus, said the main cause of action is against Unique Vacations for a breach of contract.

"Unique Vacations said they would have provided transportation in a safe and efficient manner from the airport to Beaches Boscobel Resort and this was not so ... there was no record of the driver having a licence and it was his gross negligence and recklessness that caused the accident," Eisemann said.

Unique Vacations is a Florida corporation which serves as the worldwide representative for Sandals Resorts and provides marketing and reservations services. The Babineaus had purchased an all-inclusive family vacation package from Unique but Eisemann believes there is grounds for Sandals to be held accountable for young Erin's death.

"Sandals took on the responsibility of transporting the family and there is precedent for them to be held accountable," Eisemann told The Gleaner.

Sandals Resorts in a statement yesterday evening said, "The entire Sandals family joins in heart-felt expression of sympathy to Donna and Jeff Babineau on the loss of their child. Sadly, their 10-year-old daughter lost her life in a vehicular accident in Jamaica. Following this terrible tragedy, we provided ongoing support and join in continued condolences at their loss. Unfortunately, as this is a pending legal matter, we cannot comment further at this time."