Gordon ,Alton v TankWeld Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

BETWEEN ALTON GORDON PLAINTIFF

AND TANKWELD LTD. DEFENDANT

Miss Sandra .Tohnson instructed by Sandra C. Johnson and Compa~~foyr the Plaintiff.

Miss Daniella Gentles instructed by Livingston, Alexander and Levy for the Defcndallt.

HEARD: February 26. 28 and June 13,2003

BESWICK, J.

The plaintiff seeks to recover damages fi.0111 the defendant, alleging that he suffered

serious persolla1 illjury, loss and damage and incurred expenses due to the ~legligeilce of

the servant and/or agent of the defendant.

Mr. Gordon, the plaintiff, testified that on March 15, 1995 whilst employed at

Nembhard's Service Station at Molynes Road he was leaning on a wall there wl~en

suddenly he saw a truck coine round a corner and pin hiin to the wall. He remained there

f<, 2

in pain, paniclting. Then the truck reversed and he dropped. His toot became swolleil

immediately. His boss/supervisor who had been sitting on a column at the scene of the

accident took him to a doctor where he received medicine and went hoine.

About a weel< later, he noticed that the pain continued and his leg was "crook up". He

therefore went to another doctor, Dr. Mutebi, and received treatment in the form of painkillers

and was sent to be x-rayed at the Kingston Public Hospital.