High Court dismisses $400M case against SinoHydro Corp Inc

High Court Judge Justice Nicola Pierre on Monday dismissed the Statement of Claim filed by Attorney-at-Law Darren Wade against SinoHydro Corp Inc, a company engaged in road construction and other related works.
Wade filed the claim seeking damages in excess of $400 million on behalf of Kareem Powley who died as a result of an accident along Mandela Avenue, Georgetown on June 27, 2021.

SinoHydro was represented by Attorneys-at-Law Jerome Khan and Narendra Singh. The Government of Guyana was also named as a defendant and was represented by Attorney General Anil Nandlall.
It was reported that on the day in question, Powley was the pillion rider on a motorcycle which was at the time being driven by Joshua Mentore, who was later charged for causing death by dangerous driving.
The Police report stated that Mentore allegedly swerved to avoid hitting a motorcar but instead veered off the road and ended up in a pile of gravel on the road shoulder.  As a result, both men sustained injuries, but Powley died at the scene.
His estate, through his mother, Althea Pollydore, claimed that his death was caused by the negligence of the construction company which was conducting road works and had left a pile of stone at the side of the road with no safety markings, leading to her son’s demise.
She also alleged that the Public Works Ministry was liable for negligence, as the Government was the entity in control of the road and had a non-delegable duty of care to road users.
However, Justice Pierre, during her ruling, stated that there was an astonishing lack of evidence in the case presented by Wade. It must be noted that during the court proceedings, Mentore, who was the driver of the motorcycle at the time of the fatal accident, was called as a witness.
In fact, Police reports stated that Mentore was driving at a fast rate of speed on the day of the accident. He was also represented by Wade and granted bail.
The particulars of the case alleged that a hazardous pile of stones was left by SinoHydro on Sheriff Street near the intersection of Mandela Avenue and Hadfield Street, and that it failed in its duty of care to place any markings, caution tape, or other indicators such as reflectors and lights to clearly show the presence of the pile of stones.
The defence team argued that the gravel was not on the road but beside the road on the road shoulder, and that the reason the motorcycle collided with the gravel was that it swerved to avoid hitting an unknown car.
The defence team also argued that Pollydore’s own evidence, derived from the Police accident report, measurements, and drawings, showed that the motorcycle did not collide with the stone but travelled some 39 feet before hitting the gravel, and the deceased was found 96 feet away, all pointing to speed as the causative factor.
Justice Pierre concluded that the breach of duty in having unmarked and unlit stones on the road shoulders on an unlit road under construction was not the cause of the accident or death, and SinoHydro was not liable.
The court ordered that costs be paid by the claimant to the defendants, SinoHydro and the Government.