Pearcey,Lyman v Industrial Gases Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO C.L. 2002lP045
BETWEEN LYMAN PEARCEY CLAIMANT
A N D INDUSTRIAL GASES LIMITED DEFENDANT
Lord Anthony Gifford, Q.C. and Miss Stacy Kong Quee instructed
By Gifford, Thompson and Bright for the claimant
Mr. Ransford Braham, Miss Daniella Gentles and Mr. Matthew Hogarth
instructed by Livingston, Alexander and Levy for the defendant.
th Heard: 4t h .5 th ,6t h June, 9" July and 17'~O ctober, 2003
M. S. Cole-Smith J. (Ag.)
The claimant Lyman Pearcey was employed to the defendant
Industrial Gases Limited (hereinafter referred to as IGL") at the Ferry
location when an explosion occurred and he sustained injuries. His
employment spanned over a number of years from January 1966 to March
2001 and during this period he received several promotions and training.
On the 13'~Ju ly 2000 Mr. Pearcey was advised that the purifier, a
photograph of which was received in evidence (Exhibit 1) was leaking. He
initiated a Work Request Form (Exhibit 4) for the maintenance crew to be
assigned to repair the purifier and a k r signing the form the purifier was
C.