KORLEY vs. STATE CONSTRUCTION CORPORATION [1979]DLHC2149

Date	1979-07-24
Suit No.
Citation No.	[1979]DLHC2149

CECILIA KORANTENG-ADDOW J.

J. ALARAH FOR THE PLAINTIFF.

S. A. X. TSEGAH FOR THE DEFENDANTS

[1979]DLHC2149
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													<main id="main" class="content" style="min-height: 60rem" >KORLEY <o:p></o:p>vs. <o:p></o:p>STATE CONSTRUCTION CORPORATION <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1982-83] GLR 576<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
24 JULY 1979<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

J. ALARAH FOR THE PLAINTIFF. <o:p></o:p>

S. A. X. TSEGAH FOR THE DEFENDANTS<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CECILIA KORANTENG-ADDOW J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF KORANTENG-ADDOW J.<o:p></o:p>At all material
times, the plaintiff was a carpenter employed by the defendants. His employment
commenced in 1958 and he retired as a headman carpenter in 1973. On 21 November
1973, he was injured while he was engaged in dismantling a prefabricated
structure. In this action, he claims general damages against the State
Construction Corporation for their negligence.<o:p></o:p><o:p>&nbsp;</o:p>The
circumstances leading to the plaintiff’s injuries are these: On the date in
question, he was instructed to go to the job site No. 515 in the neighbourhood
of the Military Hospital to dismantle a prefabricated structure which had been
erected and used for offices. The plaintiff was detailed to dismantle the
structure with another carpenter, called Susa and a labourer. They set to work
in this order; first they took off the roof; next they dismantled one side of
the walls, then started on the second wall. The whole structure was partitioned
with a ceiling card into two rooms. The second panel was ripped up to the
partition. Before they started pulling down the panels, they supported them
with two boards. At one time all the workers were in one room.<o:p></o:p><o:p>&nbsp;</o:p>After
they had brought the second wall down, Sosu went to the other room but the
plaintiff remained in the first room. As the roof had been ripped off, they
were within sight of each other. The labourer left the structure for a place of
convenience. At that stage, the plaintiff said he saw a nail dangerously
sticking out on the floor of the room where he was, so he bent down to remove
it. He said he used pincers. While he was trying to pull out the nail, he heard
Sosu give a shout of warning and then he saw the third wall coming down. The
wall crumbled down on him. He said he tried to ward off the danger by
stretching out both arms towards the falling wooden panel but the weight sent
him down with the wall. He fell unconscious but regained it when the weight was
lifted from him. Then he and Sosu examined the joints of the fallen wooden
panel and the remaining panel adjacent to it and they found that an ordinary
small nail had been used to fasten the two joints. With regards to his injuries
it was pleaded on his behalf that he had fracture of the pelvis, concussion,
crush injuries of both legs, both shoulders and neck and both arms, damage to
the tissues of both nostrils; and sexual weakness. His evidence on his injuries
were: “I felt pains at the head, neck and waist, my feet could not properly
support my weight.” He also complained of chest pains. According to him, even
though after the plank had been lifted from him he regained consciousness, he
could not speak, so his workmate, Sosu, assisted to find a taxi to convey him
to the Labadi polyclinic where he saw Dr. Dewhurst. He could not talk to the
doctor, so he merely talked by signs, by pointing to the affected parts of his
body and his workmate narrated the story of his injuries to the doctor. He was
detained for the day for treatment and discharged home later the same day. He
continued to go for further treatment regularly for about five months and then
retired from work on health grounds.<o:p></o:p><o:p>&nbsp;</o:p>As a
result of this accident he claims that he has become an invalid and has been
compelled to retire prematurely from his job and furthermore that he has become
sexually impotent.<o:p></o:p><o:p>&nbsp;</o:p>The
action has been seriously contested by the defendants. They have contended that
the incident complained about had been caused by the negligence of the
plaintiff himself, and that the defendants had taken all reasonable care for
the safety of their workmen, including the plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>A
carpenter foreman of the State Construction Corporation testified on behalf of
the defendants. His evidence was that he supervised the erection of the
structure which collapsed onto the plaintiff, and that the boards at the
corners were 2” x 4” so they used 6 inches nails to fasten the corner joints.
He said the dimension of one side of the walls was 14 feet x 22 inches and
normally it require</main>