[2015]DLHC7234 • October 28, 2015 • High Court
JULIUS SYLVESTER BORTEY ALABI (PLAINTIFF) vs PARESH & 2 OTHERS (DEFENDANTS)
The Plaintiff, an 18-year-old casual worker employed by the 3rd Defendant company, suffered severe injuries to both hands while attempting to remove roofing sheets stuck in a machine at the factory. The accident occurred when the 2nd Defendant reversed the machine while the Plaintiff was pulling out the sheets, causing his hands to be pulled into the machine. He was hospitalized for three months and has since suffered permanent disability, including the loss of all ten fingers, severely impairing his ability to perform daily tasks and pursue his education and career aspirations.
read morePractice and Procedure – Hearing Notice – Trial – Where the party affected was sufficiently aware of the hearing date or was sufficiently offered the opportunity to appear but he refused or failed to avail himself, the court was entitled to proceed and to determine the case on the basis of the evidence adduced at the trial. Law of Evidence – Material Evidence not challenged – Where a party has given material evidence and the party was not seriously challenged by way of cross examination and or evidence in rebuttal that party needed not offer further evidence in support of that fact. Law of Tort – Negligence – Duty of Care – Whether plaintiff accident was negligently caused by the Defendants – An employer owes a duty to his workman to see that reasonable care is taken for the workman’s safety. Law of Tort – Special Damages – Where special damage was not strictly proved for lack of receipts but there was evidence to support it, the plaintiff...