Reid, Joseph v Mobile Welding And Engineering Works Ltd, Newton Rodney

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

AT COMMON LAW

SUIT NO: C.L. 2000 R - 030

BETWEEN JOSEPH REID CLAIMANT

AND MOBILE WELDING AND

ENGINEERING WORKS LIMITED 1'' DEFENDANT

AND NEWTON RODNEY ~""EFENDANT

Ileard: December 6,7and 8,2006 and January 26,2007

Mrs. A. Haughton-Cardenas, Ms. Tamara Francis and Ms Sherry-Ann Robinson

instructed by Haughton & Associates, for the Claimant;

Mr. Ronald Paris instructed by Paris & Co for the Defendants.

CORAM: ANDERSON, J.

Whatever version of the facts in the incident giving rise to this case that is ultimately

believed, whether that alleged by the Claimant or by the Defendants, this was a

singularly unfortunate accident with significant, if as yet unquantified, consequences.

Joseph Reid, who at the time of hearing a teacher was, in December 1995, a welder by

trade and had been employed in that capacity by the lS' Defendant, since January of

that year. The 2"* Defendant, Newton Rodney was, and is, the chief executive officer

and agent of the 1" Defendant. The business of the lS' Defendant, which was carried

on at Lot 29, Marian Road in Montego Bay involved sheet metal forming. On a

fateful evening of December 12, 1995, the Claimant was severely injured when his

foot was crushed as he stood on a sheet of metal, 20' by 6' by '/4 inch which was

being rolled for configuration to particular specifications, in a machine which was

being operated by the 2" Defendant.

'The Claimant's Statement of Claim alleges that the IS' Defendant, and the 2nd

Defendant, as its servant or agent, are liable for his injuries, loss and damages because

of negligence and/or, a breach of statutory duty. Among the particulars of negligence