Powell, Leslie v Guardsman Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

LN COMMON LAW

SUITNO. C.L. P 049 OF 1999

BETWEEN LESLIE POWELL

AND GUARDSMAN LTD.

CLAIMANT

DEFENDANT

Sharon Gordon-Townsend for the Claimant

Lowell Morgan and Camille Wignall

instructed by Nunes, Schdefield, DeLeon & Co. for Defendant. a 9

Heard: 19th April, 2007 &

31st October 2007

By Writ of Summons and Endorsement dated the 19th day of May,

1999, the claimant initiated proceedings against the defendant for "money

had and received in the month of May, 1999 for the use and benefit of the

claimant in that the defendant received $500,000 compensation for the

gunshot injuries received by the claimant while on the job from Life of

Jamaica Ltd. under a group Personal Accident Policy taken out by the

defendant for the benefit of its employees including the claimant. And in

the alternative the claimant's claim against the defendant to recover

damage for failure to provide a safe system of work for that on the 1st day

of July, 1998, the defendant was assigned by the claimant to work at