Richards, Roseland v K's Roofing Co. Ltd & Abe Kawass

IN THE SLPREME COURT OF JUDICATURE OF JAMAICA

HCV 10 1012003

BETWEEN

AND

AND

ROSELAND RICHARDS CLAIMANT

K'S ROOFING CO. LTD. lST DEFENDANT

ABE KAWASS 2ND DEFENDANT

A. Campbell for the Claimant

A. Williams instructed by Clinton Hart & Co. for the Defendants

Heard: December 13, 14 and 1 5, 2005 and May 12,2006

Beswick, J.

Mr. Roseland Richards filed this suit against his former employers, K's Roofing

Company Limited. (K's Roofing) and Mr. Abe Kawass (its manager), seeking

compensation for what he describes as their negligence, andlor breach of statutory duty.

He claims that on October 1, 2002, whilst he was working at the premises of K's

Roofing, under the instructions of Mr. Abe Kawass, their machine did serious damage to

his hand.

The defence is that Mr. Richards caused or contributed to his injuries by his own

negligence. It is contended that he had not been authorized or instructed to be where he

was, and that he failed to have any or adequate regard for his own safety and put his

hands in the gears of the machine while it was in operation.

Mr. Richards' evidence is that he had been employed as a welder but that Mr. Abe

Kawass, one of the bosses of K's Roofing had indicated that sometimes he would be

required to do non-welding work in the factory.