HAMILTON, Bermuda (CMC) — A Bermuda-based Jamaican police officer who suffered chronic health problems after being exposed to toxic mould at Hamilton and Somerset police stations has been awarded US$5.4 million in compensation

Emmerson Donald, 44, who came to Bermuda in 2000 after seven years’ police experience in Jamaica, took his case against the Department of Works and Engineering to the Supreme Court last year claiming his “body and mind were broken down” and his “life was hijacked” by the illness.

The department admitted liability and after hearing arguments from both sides, a damages award was provisionally set at a little over US$4.5 million by Chief Justice Ian Kawaley.

However, the final figure was increased to US$5.4 million.

Donald’s lawyer, Richard Horseman, said that the case spanned six years and was one of the biggest personal injury judgments to come out of the Bermuda courts.

“It is also, I believe, the first case where substantial damages were awarded for toxic mould poisoning in Bermuda,” Horseman said.

“Employers, landlords and occupiers of buildings and premises must be cognisant of the fact that certain types of mould pose a clear and present danger to people’s health and if premises and work environments are not properly maintained, persons who are in charge of the maintenance of those buildings can be held liable.”

The Supreme Court heard Donald was an “outstanding” officer with an exemplary record until he first fell ill with chronic renal failure in 2003.

At trial, he maintained he could have been promoted through the ranks all the way up to superintendent by 2022, had it not been for his medical condition.

In relation to his future promotional prospects, the Chief Justice said “I find that the plaintiff would most likely have been promoted to the rank of sergeant with effect from January 1, 2010, as he himself claims.

“I accordingly find that the plaintiff’s career, but for the defendants’ negligence, would have likely followed scenario two and that he would have been further promoted to the rank of inspector with effect from January 1, 2015 and retired in that rank at age 55.

 “It is common ground that the plaintiff will require at least one kidney transplant preceded and followed by ongoing dialysis treatment, is subject to increased health risks, notably cancer and cardiovascular disease, and has a reduced life expectancy,” the Chief Justice added.