Morgan, Willard v Valley Fruit Company Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAl M NO. HCV 0805 OF 2003

BETWEEN WILLARD MORGAN CLAIMANT

AND VALLEY FRUIT COMPANY LIMITED 'DEFENDANT

Heard on October 28, 2005 and Februarv 15, 2006

Ms. Nesta Clare Smith instructed by Ernest Smith and Co for the Claimant; Ms.

Sherry-Ann McGregor instructed by Nunes, Scholefield, DeLeon '& Co for the

Defendant

C ANDERSON, J.

On the 1l t~hu n e20 01, the Claimant a 56 year old employee of the Defendant,

received a crush-injury to his right leg which resulted in the arr~putationo f the leg

below ,the knee. The Clairr~ant was sitting on the connection between a tractor

and a trailer to which it was coupled. The tractor was pulling the trailer in which

were being conveyed, several sacks of fertilizers as well as about ten workers.

The tractor and trailer were held together by way of a nietal bar at the back of the

,tractor (the "drawbar") and a metal projection from the front of the trailer. Each

part had a hole through which a metal pin was inserted to secure the coupling. It

was this pin that broke causing the trailer to run into and under the rear of the

0 tractor and the Claimant's leg was pinned under the tractor.

The particulars of injuries according to the medical report are as follows:

1. Crush injury which lacerated the proxirr~alle g.

2. Bleeding with laceration and exposed bone

3. Swelling deformity and inability to bear weight.

4. Seven (7) cm transverse laceration to the lateral aspect of the

wound in the proximal tibia.

5. Comminuted fracture of the proximal third of the tibia and fibula.

6. Fracture site displaced and angulated.

7. Crush injury to leg with 11 1 B open fracture of proximal tibia.