Powell (Morris) v Bell's Trucking and Heavy Duty Equipment Ltd and Sorn Hill Aggregate Ltd

JurisdictionJamaica
Judge SYKES J
Judgment Date16 February 2006
Judgment citation (vLex)[2006] 2 JJC 1602
CourtSupreme Court (Jamaica)
Date16 February 2006

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. HCV 0897 OF 2003
BETWEEN
MORRIS POWELL
CLAIMANT
AND
BELL'S TRUCKING AND HEAVY DUTY EQUIPMENT LTD
FIRST DEFENDANT
AND
SORN HILL AGGREGATE LTD
SECOND DEFENDANT
Mr. Pierre Rogers for claimant
Miss Tenneshia Watkins instructed by Vaccianna and Whittingham for both defendants

DAMAGES - Assessment of damages - Front-end loader accident

1

ASSESSMENT OF DAMAGES, INJURY TO FOOT, LOSS OF EARNING CAPACITY, LOSS OF FUTURE EARNINGS

SYKES J
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1. Mr. Morris Powell describes himself in his claim form as a 32 year old labourer of Sorn Hill District, Myersville Post Office, St. Elizabeth. His claim is that he was injured by the negligent driving of a front end loader operated by an unnamed employee or agent of the first defendant. The injury occurred on December 9, 2000, while Mr. Powell was working at a quarrie operated by the second defendant. Judgment was entered against both defendants on September 23, 2004. This trial is one of an assessment of damages.

3

2. The circumstances that led to the injury are these. On December 9, 2000, Mr. Powell was at the quarrie. He was asked to take some water to fill the radiator of the stone crusher. As he held up a container with the water, the operator of the front end loader dropped the bucket of the loader on his right foot. He said that his foot "mash up"

4

The nature of the injuries sustained

5

3. Mr Powell said that the great toe on his right foot was broken and there was degloving of the skin of his right foot. He was first taken to the Mandeville Public Hospital and then transferred to the Kingston Public Hospital (KPH). There are two medical reports. I now refer to the first one.

6

Report of Dr. Trevor McCartney, Senior Medical Officer, KPH

7

Mr. Powell was admitted to the KPH on December 11, 2000. The injuries were confined to the right foot which showed the following injuries

  • i. 15 × 15 laceration on the dorsum of the foot with damage to the extensor tendon of the lateral toes;

  • ii. deformity of the right great toe with an open fracture of the head of the first metatarsal bone.

8

He was in the hospital for some time. There was debridement of the right foot. Mr Powell suffered several bouts of infection. On January 11, 2001, he had an operation to K - wire his fracture. A skin was done. Skin was removed from his right thigh and used to replace the lost skin on the right foot. The report says that both procedures were successful. His degree of disability could not be assessed at that time.

9

Report of Dr. Melton Douglas, Consultant Orthopaedic Surgeon

10

This report is dated September 5, 2005. This report contains an error. It refers, on the first page, to an injury to Mr. Powell's left foot. It is agreed by all the parties that the injury was to the right foot. This error was corrected in the rest of the report where there is reference to the right foot. In addition to perusing x rays done on September 2, 2005, Dr. Douglas conducted a physical examination of Mr. Powell after he (Powell) complained of the following:

  • i. pain and burning of the right foot;

  • ii. pain in the right ankle;

  • iii. swelling of the right foot;

  • iv. on walking he had increasing pain and swelling of the foot. He could not walk at a rapid pace. Neither could he run;

  • v. inability to do farming because of problems with the right foot;

  • vi. mild limp.

11

The physical examination is best stated in the doctor's own words. The doctor wrote

Mr. Powell walked with a vaguely detectable limp. Relevant findings were confined to the right foot. The right foot was deformed. The great toe was significantly shorter than the 2 nd toe. There was a scar over the dorsal aspect of the foot in line with the 3 rd , 4 th , and 5 th toes. It measured 9cm by 2.5 cm. The extensor tendons were tethered to the skin. Over the dorsal aspect of the 1 st metatarsal bone was a surgical scar measuring 7 cm. Over the plantar aspect of the bases of the 2nd and 3 rd toes was an ulceration of 2cm x 2cm. This was in keeping with excess pressure transfer over the heads of the 2 nd and 3 rd metatarsophalangeal joint.

The peripheral circulation was adequate.

There were stiff joints in all toes. The ranges are as listed below:

Joint

1 st toe

2 nd toe

3 rd toe

4 th toe

5 th toe

Metacarpobhalangeal

+5–+10

10–0

20–5

20–5

10–10

Proximal/Distal

Extension

stiff

stiff

stiff

stiff

Interphalangeal +5–+5

Of great Toe

(sic)

Plain radiographs of the right foot taken on September 2, 2005 revealed a healed fracture of the 1 st metatarsal bone. The bone was shortened up to 2 cm less when compared to the 2 nd metatarsal bone. There was a healed fracture of the tip of the 3 rd toe.

12

The doctor's diagnosis was metatarsalgia malunited fracture of the 1 st metatarsal bone ulceration of sole

13

The gravity and extent of resulting physical disability

14

4. The doctor's diagnosis and assessment were

15

Mr. Powell has reached maximum medical Improvement. His injuries are considered serious. The findings are in keeping with a severe crush injury. The pain experienced in the right foot is as a result of the residual effects of the injury. The shortening in the great toe has altered the normal biomechanics of the foot shifting the strain away from the great toe to the 2 nd and 3 rd metatarsal heads. The ulceration on the sole of the foot alludes to the excess strain the shift has caused.

16

He will require the use of an orthotic to help to correct this biomechanical fault and reduce the effects of the strain on the outer aspect of the foot. The cost of the Biomechanical assessment and the orthotic would total $20 000. He would need to be reassessed and have the worn orthotic replaced every 2 years.

17

He was assessed as having a permanent impairment rating of 19% of the lower extremity and 8% of the whole person.

18

From this extract there can be no doubt that Mr. Powell has suffered serious life lasting injury.

19

The pain and suffering endured and loss of amenity

20

5. Mr. Powell testified that when he was first struck with the bucket his foot felt as if it had no life. When his foot "start getting back life" it began to pain htm. He testified that the skin for the graft came from his right thigh. When he was discharged from KPH he could not walk. He moved with the aid of crutches. His foot had on a cast which was removed after a few weeks. I did not form the view, from the evidence, that Mr. Powell suffered much pain at the time of the injury. It...

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