Melvin Roberts v Evans Safety Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 01384 OF 2005

BETWEEN

AND

MELVIN ROBERTS

EVANS SAFETY LIMITED

CLAIMANT

DEFENDANT

Bernard Marshall for the claimant

Christopher bunkley for the defendant

November 17, 2006, February 7, 2007 and March 28, 2007

NEGLIGENCE, EMPLOYERS BREACI-I OF DUTY, SAFE SYSTEM OF WORK AND

VICARIOUS LIABILITY

SYKES J.(delivered by McDonald- Bislrop J. (Ag))

1. On September 24, 2001, at al~proximately 2:30pm, on property occupied by

Evans Safety Limited ("Evans Safeety"), there was an explosion. A one hundred and

fifty pound fire extinguisher cylirlder detonated. When the smoke and debris

cleared, the claimant, Mr. Melvin Roberts was found suffering from serious injuries.

The medical report of Mr. R. E. C. F!ose, Consultant Orthopaedic Surgeon, recorded

the injuries. The examination was done on January 5, 2006. The report is dated

February 4, 2006. Mr. Roberts bad a crush injury to the right thigh with

development of a compartment syr~drome in the right thigh. The report gives a

history of surgical debridement ancl open fasciotomy performed on September 24,

2001, at the University Hospital of the West Indies. On Sepqember 27 and 29,

2001, there were a second and third surgical debridement. The wound was closed

with skin flap and split skin graft performed on November 23,2001.

2. The report indicated that Mr. 2oberts reported that he returned to work in

June 2002 with a single crutch which was discontinued after one month. According

to Mr. Rose, Mr. Roberts reported .that he was able to carry out his duties but he

was in constant pain.

The January 5, 2006, examination

(a) history presented by Mr. Roberts

3. On January 5, 2006, Mr. Roberts reported intermittent pains in the right knee

which were aggravated with excessive walking, standing as well as cold weather. This

was significant because his occupat~on required prolonged standing and walking to

service fire extinguishers.

4. There was pain if he attempted to run and that was a feeling of instability in the

right lower extremity.