Christie, Annette v Nutrition Products Limited and The Attorney General of Jamaica

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. 1990lC429
BETWEEN ANNETTE CHRISTIE PLAINTIFF
AIVD NUTRITION PRODUCTS LTD. 1 ST DEFENDANT
AND THE ATTORNEY GENERAL 2ND DEFENDANT
Mr. N.0 Samuels for the Plaintiff.
Mr. K. West instructed by Grant, Stewart, Phillips and Co. for First Defendant.
Heard: December 4.6,7,8 2000; March .W,20 01.
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HARRISON J.
The facts
The plaintiff has brought this action against the defendants and is seeking to recover
damages from the first defendant for personal injuries she sustained as a result of her fall
at the defendant's factory on the 21" day. of November 1989. Prior to the commencement
of this trial she had discontinued the action against the second defendant.
She is a married woman, 36 years of age, and was employed as a packer in the bakery
section of the first defendant, Nutrition Products Ltd. She testified that at the material
time she was in the process of collecting a package of drinks in the dairy section when
she slipped on flooring that was wet. She became unconscious and found herself later in
Annotto Bay Hospital. She sustained a fracture of the left wrist and was treated for her
injury.
The plaintiff resumed her job as a packer but due to constant pain and discomfort in the
left wrist she was referred to Mr. Grantel Dundas, an Orthopaedic Surgeon, by Dr.
Sloley. She underwent operation on the wrist at St. Joseph's Hospital and thereafter
resumed work after several sessions of physiotherapy. She could not cope as a result of
difficulties she was still experiencing with the left hand, hence she requested of her
supervisor lighter work. This request was denied and according to her there was no
alternative but to go home. Since then, she has not worked except for selling small
packages of food items to children at a nearby school in her community.
The Pleadings
The plaintiff has alleged the following particulars of negligence in her Statement of
Claim: