[1981]DLHC18013 • August 10, 1981 • High Court
EKEM vs. WISEWAY CLEANERS LTD
The plaintiff, as administrator of the estate of his deceased son Isaac Ekem, sued Wiseway Cleaners Ltd. for damages for negligence causing Isaac's death. Isaac was employed as an operator of a hydroextractor machine in the defendant's dry cleaning factory. On 12 January 1979, Isaac sustained fatal injuries while operating the machine. The plaintiff alleged negligence including failure to repair machine faults, lack of supervision, failure to warn of dangers, inadequate training, and non-compliance with statutory requirements.
read moreJUDGMENT JUDGMENT OF TWUMASI J. By his action, the plaintiff, suing as the administrator of the estate of his deceased son, Isaac Ekem, claims against the defendants, Wiseway Cleaners Ltd., damages for negligence which, it is alleged, caused the death of the said Isaac Ekem. The defendants were at all times material to this case engaged in dry cleaning and ancillary jobs. They had a factory equipped with mechanically-propelled apparatus for the operation of their dry cleaning business. The plaintiff’s son, Isaac Ekem, was at the time of his death employed as an operator of a machine called the “hydro-extractor.” For the purpose of this judgment, the vital parts of the machine were: the brake system, the interlocking safety device and the rolling basket. The machine operated by means of electric energy. On 12 January 1979, Isaac Ekem succumbed to injuries sustained by him in the course of his operation of the machine. In his statement of claim, the plaintiff attributed the ...