Guscott George v V.G. Scott Trucking And Tractor Ltd

Case Number: 
G 044 OF 1995
Date of Delivery: 
17.05.2002

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. G 044 OF 1995
BETWEEN GEORGE GUSCOTT
PLAINTIFF
AND V.G. SCOTT TRUCKING AND TRACTOR LTD. DEFENDANT
Sherie-Ann McGregor instructed by Nunes, Scholefield, Deleon & Co. for the Plaintiff
and Christopher Malcolm, Esq. Instructed by John G. Graham & Co. for Defendant.
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Heard on November 1,2,7 and 1 1,200 1 and May 17,2002
ANDERSON: J
This is a claim arising out of an accident on September 28, 1991, in which the plaintiff,
then an employee of the defendant company was injured. The plaintiffs case is that his
employer, the defendant, was negligent in that it failed to provide him with a safe place of
work in the course of carrying out his duties with the defendant company and also failed
to provide him with proper supervision, and that as a consequence of that failure, he was
hit by a motor vehicle and sustained loss and damage.
The plaintiffs evidence was to the effect that he was employed as a forklift operator.
j
The forklifts were used to unload trucks owned by the defendant company. His normal
place of work was at the company's sugar warehouse on Marcus Garvey Drive.
However, on Friday the 27" September 1991, he received instructions that he was to
accompany the truck to a business premises on Grants Pen Road where there was a juice
manufacturer. He did not recall the name of the juice manufacturer. However, the
forklift was to be used to unload sugar at this business premises, which, it later emerged,
was "Kiskimo". Witnesses referred to "trucks" and "trailer" interchangeably during the
evidence heard in the case and there is no evidence that anything turns on the
nomenclature.

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