Diving tragedy survivor files negligence claim against Paria Fuel Trading, LMCS
Diving tragedy survivor files negligence claim against Paria Fuel Trading, LMCS
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Diving tragedy survivor files negligence claim against Paria Fuel Trading, LMCS

Jada Loutoo 🕒︎ 2025-11-05

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Diving tragedy survivor files negligence claim against Paria Fuel Trading, LMCS

The lone survivor of the Paria Fuel diving tragedy has filed an amended claim in the High Court, alleging negligence by Paria Fuel Trading Co Ltd and LMCS Ltd in the 2022 incident that killed four of his colleagues. Christopher Boodram, 39, sought permission to amend his statement of case on October 24, after receiving new medical reports diagnosing him with post-concussion syndrome, spinal injuries, and chronic neurological and sexual dysfunction stemming from the accident. His application was supported by an orthopaedic report from Dr Rishi Jagdeo, dated October 22. According to court filings, Boodram and four other divers — Kazim Ali Jr, Yusuf Henry, Rishi Nagassar, and Fyzal Kurban — were performing maintenance on a 30-inch underwater pipeline at Berth 6, Pointe-a-Pierre, on February 25, 2022, when they were suddenly sucked into the line by a powerful differential pressure event known as Delta P. Boodram was the only one to escape alive after spending nearly four hours trapped in the dark, oil-filled pipeline. In his claim, Boodram said the tragedy occurred because both Paria and LMCS failed to identify and mitigate the risk of a Delta P event, provide proper safety equipment, or establish an emergency response plan. He also accused Paria of blocking rescue efforts by volunteers and LMCS divers who were prepared to enter the water. Boodram’s legal team, led by Senior Counsel Anand Ramlogan, has argued that both companies breached their duty of care. They cited findings from the commission of enquiry (CoE) report issued by chairman Jerome Lynch, KC, in November 2023, which found that ambiguous instructions and poor oversight by both companies contributed to the deaths of the four men. Boodram, who was rescued by diver Ronald Ramoutar after defying a no-dive order, continues to suffer from severe physical and psychological injuries, including post-traumatic stress disorder, depression, speech impairment, and an 80 per cent permanent partial disability, according to his filing. He is claiming general and special damages, including loss of earnings estimated at $438,927.45, as well as aggravated damages for emotional distress and the alleged mistreatment he faced after the incident. “This distressing incident has had a pervasive impact on various aspects of his life,” his claim says. The court has ordered that Boodram file and serve his amended statement of case by November 10, with the defendants’ amended defences due by November 20. The matter returns for a case management conference on May 5, 2026. Justice Christopher Sieuchand is presiding over the claim. Also before him is a separate claim by Vanessa Kussie, the widow of diver Rishi Nagassar, has also filed a similar lawsuit on behalf of herself and her son. Ancillary proceedings between LMCS and Paria also form part of the matter, with each company seeking to shift full liability to the other. In pre-action correspondence, LMCS insisted it was not to blame for the diving tragedy. The divers were employed by LMCS and Ali Jr was the son of LMCS owner Kazim Ali Sr. The company has consistently maintained it was not responsible for the activation of the Delta P event that caused the tragedy and that the event was "solely attributable to the negligence and/or breach of statutory duty and/or occupier’s liability on the part of Paria.” LMCS have further alleged that Paria, not LMCS, was to blame for not pursuing any timely rescue operation for the trapped divers, deliberately misleading and/or misrepresenting efforts being made to mount a rescue and preventing LMCS and/or others from implementing a rescue plan to retrieve the divers from the pipeline. LMCS’s lawyers have said based on evidence presented to the CoE, Paria is guilty of gross negligence. The company maintained it was not to blame, asserting that Paria was responsible for both the unsafe conditions and the failure to conduct a timely rescue. LMCS has also contended the event “was solely attributable to the negligence and/or breach of statutory duty and/or occupier’s liability” of Paria. LMCS insists that Paria would be solely liable for damages being sought by Boodram and the divers’ families. Meanwhile, both companies and their executives face separate Occupational Safety and Health Authority (OSHA) charges before the magistrates and industrial courts. There are also ongoing proceedings under the Workmen’s Compensation Act. Attorney Prakash Ramadhar, representing the families of Kurban and Henry, proposed an ex gratia payment of$5 million to each family. Former prime minister and energy minister Stuart Young had also announced a$1 million ex gratia payment for each family and Boodram before the April 28 general election, but as of November, the payments have not been made due to “legal and logistical issues.” Prime Minister Kamla Persad-Bissessar told a May 8 post-cabinet meeting she was committed to compensation but legal complications must be navigated first. LMCS is represented by attorneys Dinesh Rambally and Patrice Ayoung Chee. Paria is represented by attorney Stephen Singh. Robert Abdool-Mitchell and Aasha Ramlal also represent Boodram.

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