Facey Commodity files $2b lawsuit against JPS
Entity seeking damages resulting from fire that destroyed New Port warehouse
FACEY COMMODITY Company Limited is blaming the Jamaica Public Service (JPS) Company for a massive fire which destroyed its New Port West warehouse and other structures in Kingston almost three years ago and is seeking to recover more than $2 billion in special damages for alleged negligence and breach of contract and/or statutory duty.
The company, in a lawsuit filed against the utility company on May 2 in the Supreme Court, is seeking US$15.2 million in special damages which include costs associated with reconstruction, inventory loss, loss of profit, temporary rental, furniture and equipment.
The 12-hour-long blaze which began at approximately 8 p.m., on October 9, 2021, destroyed the warehouse, other buildings and structures, inventory, machinery, office furniture and fixtures.
The conglomerate is contending that the fire occurred after JPS carried out repairs at the complex and replaced two of its transformers with a single device with higher voltage without alerting the company of the possible risk, or putting measures in place to prevent any negative outcome.
“At no point in time was the claimant advised or warned of any aspect of the scope of the repairs performed by the JPS service team or the risk of aberrant voltages being supplied to the warehouse or the equipment therein. Further, there was no attempt by the JPS service team to consult with or coordinate with the claimant on the safe re-energising of the premises,” Facey Commodity said in its particulars of the claim.
“As a result of the defendant’s failure to consult, advise and/or warn the claimant of the nature of the repairs that were carried out
or any attendant risks, no internal checks or voltage readings were conducted at the warehouse including the main distribution panels for entire electrical system prior to re-energising the premises,” it said further.
The company explained that about three weeks before the fire two of its transformers, which were on a utility pole close to the warehouse, were hit by lightning and were replaced by a single device with a larger capacity by JPS.
The utility company is also said to have reconfigured the power supply from the utility pole to the warehouse, resulting in “aberrant and illegal voltages in contravention of the codes being supplied to the warehouse via a non-standard 191/208VAC single phase “high leg”, which was not properly isolated.
NO WORK DONE AT WAREHOUSE
Facey Commodity further noted in the particulars of the claim that at the time of the repairs, no work was carried out at the warehouse, which had been closed, and also that it was not rewired to account for the reconfiguration or the presence of the “high leg”. The electrical panels for the warehouse were also not labelled or modified.
A week later the fire occurred, which the claimant contends was as a result of the reconfiguration executed by the defendant.
“The claimant’s existing equipment, which was previously supplied at 120VAC, was subjected to a higher voltage of 191/208V instead of 120V. In respect thereof, the 120V rated equipment at the warehouse overheated causing ‘sparking’, ignition, and t he resultant fire,” the claimant alleges.
Consequently, Facey Commodity asserts that the fire was caused by or materially contributed to by the negligence, breach of contract and/or breach of statute of the defendant and its servants and/or agents.
The company listed several grounds on which it is alleging negligence, breach of contract and or breach of statute of the defendant and its servants and/or agents including: failing to exercise due care and/or take the necessary precautions in executing the reconfiguration and re-energising the warehouse; causing the claimant’s electrical equipment to be exposed to overvoltage and failing to take reasonable steps to adequately safeguard against the risk of damage consequent upon the reconfiguration.
According to Facey Commodity, before the fire, the warehouse never experienced any fires or significant electrical issues in its decades-long history.
It said further that the warehouse was, at all material times, subject to routine maintenance checks and inspection by competent electricians.
Attorney-at-law Mark-Paul Cowan is representing the claimant.