Jamaica Gleaner
Published: Wednesday | July 29, 2009
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St Catherine bailiff sues insurance company
Rasbert Turner, Gleaner Writer

St Catherine bailiff Ralston Thomas is suing Advantage General Insurance (AGI) Company Limited to recover the sum of $680,000 owed for outstanding fees.

Documents seen by The Gleaner revealed that the suit resulted from the execution of an order for seizure and sale in Marcus Lynch v UGI (AGI's former name) judgment.

On July 3, Thomas was contracted to collect money on behalf of Marcus Lynch. He was given cheques by the company totalling $7,609,896.60. He was also given his fees of $680,000.

Having lodged the cheques at National Commercial Bank and returned to retrieved the cash days later, Thomas says he was told that the insurance company has revoked the cheques.

The claimant said he lost his money and that it was fraudulent to have been given the impression the fees were honourable.

Partially paralysed

Attorney-at-law Danielle S. Archer, who is representing Thomas, said her client was seeking damages for fraud amounting to $680,000.

"The bailiff should get paid as he executed a valid order on behalf of the Supreme Court of the land. It is unfortunate that they gave my client his fees and then dishonour it,'' Archer said.

The Gleaner was informed that, four years ago, Marcus Lynch, who was employed as a driver to the Jamaica Urban Transit Company, suffered serious injury in an accident which left him partially paralysed.

An award was handed down by Justice Norma McIntosh in the Supreme Court June 2008 that AGI pay damages to the claimant.

The claimant, represented by Kinghorn & Kinghorn, got an order for seizure and sale from Justice Marva McDonald-Bishop on June 6, with 21 days to pay.

Advantage General, which is being represented by Nunes, Scholefield, DeLeon & Company, has since decided to pay the money to Lynch.

rasbert.turner@gleanerjm.com

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