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Media

Family Interview


Nancy Grace Piece, 11/22/06



Family Sues Resort over Child's Death

by Phil Helsel, Register Staff
Published October 18th, 2006

The driver was allegedly rocketing down a desolate Jamaican road, dodging in and out of traffic and playing chicken with other cars as he drove Jeff and Donna Babineau and their three children to their resort in Ocho Rios last year.

A subsequent head-on collision with a truck killed their 10-year-old daughter, Erin Marie, as well as the driver, Sean Young. Right before the crash, Young allegedly told a worried Jeff Babineau that "this is how we drive in Jamaica."

The Babineaus, Stratford residents, filed a $100 million lawsuit Monday against the company that owns the resort, Sandals Resorts International, on grounds the company hired a reckless driver to take them from Montego Bay Airport to Beaches Boscobel Family Resort at about 3 a.m. Feb. 20, 2005.

Jeff and Donna Babineau hope the suit calls attention to the dangerous reality of driving on Jamaica's roads, which their attorney claims has so many reckless drivers as to make driving there "inherently dangerous."

"I can remember everything in detail, I watched it happen," Donna Babineau said Tuesday. "The impact was tremendous; the car spun backwards and hit another car. . The main reason we wanted to file is to make Americans aware of how dangerous it is."

The family tried to resolve the case before filing suit, but Sandals "didn't show any serious interest in settling the case," said the Babineaus' attorney, Alex Eisemann of Westchester County, N.Y. The suit was filed at a Florida state court in Fort Lauderdale Monday.

The U.S. State Department explicitly warns travelers nighttime driving in Jamaica is especially hazardous and should be "avoided whenever possible." A 1993 Jamaican government-sponsored road safety report ranked the country as having the third and fourth highest rates for motor vehicle fatalities per number of cars and population size, respectively, according to the Pan American Health Organization.

Jeff Babineau said when he booked his family's vacation at Beaches Boscobel he was told none of that. The company promised the family an all-inclusive travel package with "safe and worry free" transportation from airport to hotel, he said.

"The brochures and everything sounded great and when you get there, there are billboards on the road actually warning not to drive aggressively," he said. "I couldn't believe it."

Sandals Resorts International, which owns 12 resorts in Jamaica, St. Lucia, Antigua and the Bahamas, would not comment on the lawsuit, but said in a statement that after the accident it "provided ongoing support and join in continued condolences at their loss."

Erin was sitting behind the driver when the head-on collision occurred; the lawsuit says the crash caused "jagged steel to tear through Erin's skull at nearly 70 miles an hour." The couple's two other children, Rachel and Cory, were not seriously hurt in the crash, but had to witness an accident which would later claim their sister's life, Jeff Babineau said. Erin died of her injuries two days later, after being flown to Miami Children's Hospital.

Eisemann said he believes the resort could be held liable for the crash because it hired the driver, who may have been driving without a license. Suing the resort on grounds it is also responsible because it puts guests on dangerous Jamaican roads is the first of its kind, he said, and adds another layer to their argument.

The Babineaus said that, if successful, they will use lawsuit proceeds to build an indoor recreational sports complex in Stratford.

Erin's former elementary school, Chapel Street School, recently dedicated its softball field to Erin, who was a competitive gymnast and star pitcher for her Stratford Police Athletics League team.

Erin was an organ donor and her mother said that helped save two other lives. "We felt it as a tribute to Erin, we'd hopefully be able to successful and able to build an indoor sports facility for her," Jeff Babineau said. "Whatever we can make out of it (the lawsuit), we'll make it the best."

© New Haven Register 2006



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