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Case `Settle' out of court

Carole Morris and National Sports Club, where her husband died six years ago after falling off a wall on the clubhouse's upper level.

National's lawyer Mr. Trevor Moniz said the settlement must still be put to Puisne Judge the Hon. Mr. Justice Ground in chambers and was subject to his approval.

It was made before the second day of the Supreme Court hearing got underway, Mr. Moniz said. He declined to say how much it was.

A "clearer picture'' of the case and what damages were being sought had emerged after Mrs. Morris took the stand on Monday, the first day of the hearing, Mr. Moniz said.

Mrs. Morris' lawyer Mr. David Kessaram had no comment. Mrs. Morris was also seeking damages on behalf of her husband Dennis' four children, who had since lost their mother as well, and her teenaged son who had lived with them.

One of Mr. Morris' children was still of school age and another suffered from Down's Syndrome.

She said the 49-year-old had been a successful life insurance salesman, making $80,000-plus a year -- though he did not have a policy of his own.

She said she had to sell their $400,000 home to pay off debts when he died and now lived in rented accommodation and had to work full time.

The Court of Appeal ruled this summer that both the club and Mr. Morris were to blame for his falling from the wall while watching his son play cricket.

It found Mr. Morris was 75 percent responsible for the fall, therefore, his wife was entitled to only a 25 percent claim of total damages suffered.

Mrs. Morris, 38, took her case to the Court of Appeal after the Supreme Court cleared National Sports Club of any responsibility for the accident.

The hearing this week was held to quantify damages.