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Lobban,Victor v Michael Amos, etal

Case Number: 
C.L.1993/L157
Date of Delivery: 
20.09.2002

IN THE SUPREME COURT OF JUDICATURE OF JAIMAICA K I S IN COMMON LAW
SUIT NO. C.L.1993lL157
BETWEEN VICTOR LOBBAN
A N D MICHAEL AMOS
A N D NEVILLE AMOS
PLAINTIFF
lSTDEF ENDANT
2ND DEFENDANT
Ci Ainsworth Campbell for Plaintiff.
John Givans for the Defendants.
HEARD: 2oth & 21' March, 2000, 4th May, 2000
26" February, 2001, llt~hune 2,0 02 &
2oth September, 2002
Dukharan, J.
In this action the Plaintiff claims to recover damages for negligence and/or
breach of Employer's Liability against the defendants. The Plaintiff is alleging
that on or about the 18th November, 1987 whilst in the employ of the defendants
Cl he was directed to work on a truck which fell off a jack thereby causing him to
sustain bodily injuries.
The defence of the defendants is a denial that they breached any duty
imposed on them by law. The defendants deny that the Plaintiff submitted
himself to their direction and control. The defendants further contend and admit
that there was a truck at the prerr~ises but that the Plaintiff was working on the
said truck at the instance of the owner of the truck.

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