Lawrence, David v Nestle-JMP Ja. Ltd

JUDGMENT

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L.019 OF 2002

BETWEEN DAVID LAWRENCE

AND NESTLE- JMP JAMAICA

LIMITED(incorporating CREMO

LIMITED)

PLAINTIFF

DEFENDANT

Miss Marion Rose-Green for the Plaintiff 'Claimant' and Mr. Emile

Leiba instructed by Myers Fletcher & Gordon for the Defendant.

HEARD : 17, and 18 September 2007, and 31 July 2008.

Mangatal J. :

1. This is a claim by the Claimant Mr. Lawrence against his

employers the Defendant. Mr. Lawrence claims that on two

separate occasions he had an accident and suffered personal

injuries as a result of the Defendant's negligence, failure to provide

a safe system of work, and further or in the alternative, the

Defendant's breach of the Factories' Act.

2. In the amended Statement of Claim it is pleaded that Mr. Lawrence

was at all material times a Cold Room Worker, employed to Cremo

Limited, which was later incorporated by Nestle-JMP Jamaica

Limited, the Defendant.

3. The Claim states that it was an expressed or implied term of Mr.

Lawrence's Contract of Employment and /or it was the duty of the

Defendant to take all reasonable precautions for Mr. Lawrence's