Brown (Calvin) v Tankweld Construction Ltd

• Jurisdiction: Jamaica
• Judge: Hibbert, J.
• Judgment Date: 20 April 2007
• Judgment citation (vLex): [2007] 4 JJC 2004
• Date: 20 April 2007
• Court: Supreme Court (Jamaica)

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

BTEWEEN

CAIVIN BROWN

CLAIMANT

AND

TANKWEID CONSTRUCTION LIMITED

DEFENDANT

NEGLIGENCE - Injuries caused by claimant's negligence

Hibbert, J

1 From the evidence presented the following facts emerge:-

2 Calvin Brown was employed to Tankweld Construction Limited as a serviceman and was so employed during the construction of the Boundbrook Wharf in Portland on the 28 ^th October, 1992. As a serviceman he was required to ensure that water and oil levels were properly maintained in engines which used water and oil and to ensure that all nuts and bolts on machinery being used on the site were securely fastened. Also employed by Tankweld at the Boundbrook site were three mechanics whose function was to effect repairs to machinery owned by Tankweld. Repairs to rented machines would be undertaken by their respective owners.

3 On the 28 ^th October, 1992 Calvin Brown, on his own volition, undertook the task of effecting repairs to the motor of one of the rented welding plants. While tightening a nut, the wrench he was using slipped, causing his hand to make contact with the cooling fan which was in motion, thereby causing injury to his right thumb and index finger.

4 Consequently Brown sued Tankweld, claiming that the injuries he sustained were occasioned by the negligence of Tankweld or by breach of statutory duties on the part of Tankweld.

5 The Particulars of Negligence were itemized as follows:

• i. Failing to take any or any sufficient or proper care for the safety of Plaintiff.

• ii. Causing or permitting the Plaintiff to participate in work that exposed him to risk of damage or injury which they knew or ought to have known.

• iii. Failing to provide a safe system of work for the Plaintiff

• iv. Failing to have any or sufficient regard for the safety of the Plaintiff or to take adequate measures.

6 The Particulars of Breach of Statutory Duties were stated as follows:-

Causing and/or permitting the Plaintiff to work in conditions which are in breach of Section (84) and Section (49) of the Building Operations and Work of Engineering Construction (Safety Health and Welfare) Regulations.

7 In their Defence Tankweld denied being negligent or being in breach of any statutory duty and claimed that the injuries to Mr. Brown were caused either wholly or partially by his negligence and listed the following as Particulars of Negligence.

• a)...