Tangerine Beach Hotel v. Andrew Errol Smith – SC HC. CA. LA. NO. 103/2013-2013

In the case between Tangerine Beach Hotel (and its associated entities) and Andrew Errol Smith, Mercantile Investments Limited, and Maggonage Wimalasena, the court addressed the issue of vicarious liability for the negligence of a driver (the 3rd Defendant) and the admissibility of certain documents objected to by the Petitioner. It was held that the Petitioner failed to discharge the burden of disproving liability in respect of the actions of the 3rd Defendant, as the evidence did not establish an employment relationship or sufficient control over the driver to negate vicarious liability. The court also determined that objections to documentary evidence which had been admitted at the lower court stage could not be reasserted at the appellate stage. The holding reaffirms the principle that