Harbour Resort.

The locals who suffered gastro-intestinal problems at the hands of the hotel in February 1998, have joined a representative action which is the Bermuda version of a class action suit.

And they are reportedly seeking at least $40,000 to $110,000 in damages collectively.

Lawyer for the complainants, Dennis Dwyer has revealed that he is ready to file the papers, but is holding off until the depositions of three witnesses from the US are taken.

Those examinations are expected to take place late next week. They relate to the same incident, but come from a class action suit filed in Boston, Massachusetts.

There were two suits filed in the US, one in Boston and the other in New York.

In both instances the hotel filed a counter action to have the suits dismissed on the basis that they were out of the jurisdiction. The hotel won the New York motion, but lost in Boston.

Under the Boston action, the local Bermuda Marriott Hotel and Management company will be sued while in New York lawyers were attempting to sue Marriott's head office.

"The American lawyers are sharing their findings with us and have agreed to send us copies of all their depositions,'' Mr. Dwyer said.

"In Bermuda, based on the case authorities, complainants are looking at $2,000 to $5,000 each, as well as costs,'' Mr. Dwyer revealed.

"I am still gathering evidence on the issue of permanent damage with respect to the E.coli bacterium, and this will affect our case.'' COURTS CTS