Wilbert Walker v The Jamaica Public Service Company Ltd, etal

IN THE SUPREME COURT OF

IN COMMON LAW

CLAIM NO C.L. W 186 of 1995

BETWEEN WILBERT WALKER CLAIMANT

AND THE JAMAICA PUBLIC SERVICE 1 DEFENDANT

COMPANY LIMITED

AND MR DIXON 2ND DEFENDANT

AND RO. WALTERS AND ASSOCIATES LIMITED 316DEFENDANT

Mr. C. Samuda, instructed by Piper & Samuda for 1"' DefendantIApplicant

Mr. Norman Samuels for Claimant/Respondent

Heard July 30, August 10 and 18, 2004

ANDERSON J:

On the 16'~S eptember 1993, the Plaintiff was a maintenance linesman employed to the

3rd Defendant, a sub-contractor to the 1"' Defendant, when he suffered severe injuries

from electrical shocks while working on a pole carrying high-tension electric wires. The

second defendant is alleged to have been the agent or servant of the la defendant and was

according to the evidence, the person in charge of the operation for the 1" defendant. The

plaintiff sued all three (3) persons. On March 2, 2004 after hearings lasting several days

spread over the period July 2001 to that date, Her Ladyship Marva McIntosh J. handed

down her judgment. She found in favour of the Plaintiff and against the lSt and 2"d

defendants and awarded costs to be agreed or taxed against them. She also found in

favour of the 3d defendants as against the 1' and 2nd defendants and again she awarded

costs to be agreed or taxed against the 1"' and 2nd defendants. Execution of the judgment

was stayed for 14 days on the application of the 1" defendant.

An application for an interim payment was made before Jones: J, on the 7'h July 2004 but

was rehsed. The plaintiff, in seeking to enforce his judgment, sought and obtained an

Order for seizure and sale of the goods of the 1"' defendant, and the Writ was delivered to

the bailiff of the Resident Magistrate's Court for Kingston for execution. On the 9'h July

the lst defendant sought and obtained before Straw: J, (Ag.) an order staying execution of

the Writ by the bailiff for a period of twenty-one (21) days from the date of the order.