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Lankan born Errol Smith claims US $ 224,000

by Sarath Malalasekera

Rodney Errol Smith of Victoria, Australia has filed action in the Colombo District Court claiming US $ 224,000 from three Sri Lankan defendants.

The plaintiff, Australian national, cited Tangerine Beach Hotel, Galle Road, Colombo, Mercantile Investment Limited, Galle Road, Colombo 3 and Maggonage Wimalasena of Kalutara South, Kalutara as defendants.

Plaintiff in his evidence before the Colombo Additional District Judge Ms. S.D.N. Thassim said that he was born in Sri Lanka. He came on a holiday with his two sons - Andrew and Rayn Smith - on December 26, 1998.

He is an old boy of Wesley College, Colombo and took his two sons on January 8, 1999 to show them the grounds where he scored a record 199 runs not out at the cricket match between Richmond and Wesley College.

On their return journey the third defendant who was the driver of car no. 65-2938 whilst approaching an unguarded level crossing at Hikkaduwa drove the vehicle negligently and collided with a train causing serious injuries to the defendant and his two sons.

The two sons also have filed separate actions against the same defendants. These cases will be called again on November 8, 2004. R.D. Algama instructed by Thavanesan and Fernando appeared for the plaintiff.

President's Counsel Waruna Basnayake appeared for the first and the second defendants and Kalinga Indatissa appeared for the third defendant.

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