American couple sues government over accident

By Anthony Wesaka

An American couple based in the state of New Jersey is demanding Shs13.5 billion compensation from Ugandan government over a 1990 accident at the Uganda UN New York embassy that disabled the husband.
Mr Christopher and Carol Sales filed the suit on Tuesday at the High Court in Kampala.

In their complaint, the couple contends that Mr Sales has been confined to a wheelchair following the accident, a fall off the 36-feet building when he was carrying out exterior renovation on the embassy building.

Following the accident, they filed a successful law suit before a New York court which awarded them the money but is yet to be paid to date by the Uganda government.

In the judgment, the court ordered that Mr Sales be awarded $1.8m (about Shs4.4b), while the wife was to get $245,637 (about Shs582m) for loss of companionship.

Near-fatal fall
At the interest rate of 9 per cent per annum, the money accumulated from Shs5 billion to Shs13.5 billion as of April 1, 2011.

The case in America was before Judge Sharon Grubin, while the complainants were represented by the law firm, Cohen and Krassner.

Court documents show that on November 13, 1989, a construction company, Henry Restoration Limited, employed Mr Sales and that the government’s monetary liability arose out of their neglect to file a timely insurance claim for a covered loss under American law.

Mr Sales was assigned to seal joints and seams all over the building but accidently fell and sustained injuries.
The documents further indicates that as the impact of the accident, he spends all his time at home, while his wife Carol works with the New Jersey Bell Telephone Company.

Through Hall and Partners, a city law firm, the couple is seeking a court declaration that the NY court judgment is enforceable in Uganda. They are seeking the intervention of a Ugandan court on grounds that judgment is not enforceable in NY due to sovereign immunity protecting Uganda’s assets abroad.

In addition, they contend that government is liable for the accident under Section 240 of Law 270 of the New York State Labour Law, which stipulates that there is strict liability on building owners from falls from elevated heights such as scaffolds--which is the case with the complainant.