80-y-o Portland woman gets appeal in trespassing case against state agencies
The Court of Appeal has granted leave for an appeal brought by 80-year-old Alice McPherson against Supreme Court orders striking out her claim against the Portland Parish Count ( now Municipal Corporation) and the National Works Agency.
McPherson, who is being represented by attorney-at-law Heron Dale, is contending that the two respondents damaged the property on which she lives in Port Antonio, Portland.
She is further contending that as a result of road repairs in 2011, excessive water came onto her property causing severe damage.
She filed a claim in the Supreme Court in 2011 seeking damages for trespass amounting to $4 million.
A case management hearing was set but the matter was struck off the court list because of a lack of communication between the court office and McPherson.
McPherson subsequently applied to have the case relisted but was not successful.
She then applied for leave to appeal.
Attorney-at-law Hugh Wildman, who made the application, argued that the judge, in refusing to have the case relisted, had applied the wrong test.
The application for appeal was allowed.
A date is to be set for the hearing.
The respondents had denied the claim.