Goodwin , Trevor v West Indies Glass Co. Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L .G.14'9; of.'1993;
BETWEEN TREVOR GOODWIN PLAINTIFF
AND WEST INDIES GLASS COMPANY DEFENDANT
LIMITED
Mrs. Jacqueline Samuels-Brown for the plaintiff
Frank Williams and Miss Paula Blake instructed by
Dunn, Cox, Orrett and Ashenheim for the defendant
Heard: January 10, 11 and 24; February 9 and September 30, 1996
PANTON, J.
The plaintiff was employed to the defendant as a grade two mould repairer. 1
On August 18, 1992, while he was performing his duties, an accident occurred I
which resulted in injury to hinip The nature of the injury eventually caused I
I
the defendant to make the plaintiff redundant on medical grounds. The date
on which the redundancy becanie effective was December 12, 1993.
The injury sustained by the plaintiff has beent diagnosed as acute traumatic
spondylolysis with chronic lumbar strain. There is no deformity, but straight
leg1 raising on the right is slightly restricted. Surgical stabilization is
advised in order to prevent indefinite recurrent incapacitating pain.
In his claim against the defendant, the plaintiff has alleged that the
defendant breached its statutory duty to maintain a safe system of work in
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its factory operations. Alternatively, the plaintiff alleges negligence ) 7. A /+'
and or breach of contract by the defendant. Nine particulars are listed.
They include exposure of the plaintiff to risk of injury, failing to
provide efficient equipment, and requiring the plaintiff to carry out his
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work using unsafe and defective machinery.
The defendant has denied any statutory breach, negligence or breach of contract.
So far as the plaintiff's injury is concerned, the defendant pleaded
that it (the injury) was "occasioned wholly or in part by a pre-existing
medical condition namely spondylolysis of the fourth lumbar vertebra with
sacralisation of the fifth lumbar vertebra and facet arthritis between the
third and fourth lumbar especially on the left side". Further, or in the