Awarded Lm16,000 damages after fall

A man who fell two storeys while working on an electrical cable was yesterday awarded nearly Lm16,000 damages after a judge ruled his employer was to bear four-fifths of the responsibility for the accident.

Joseph Pace, and his wife Victoria were awarded Lm15,960 after Mr Justice Giannino Caruana Demajo concluded that Pace had suffered a 25 per cent permanent disability and deducted five per cent due to sickness benefits entitlement.

The Paces filed their writ for damages against Enemalta Corporation and Bain Hogg (Malta) Limited.

Thos. C. Smith Insurance Services Limited was later called into the suit.

Pace was injured in February 1994 while connecting electrical cable to a bracket. He fell two storeys off a ladder.

The Paces claimed Enemalta was covered by an insurance policy with Bain Hogg but that neither of the defendants had made good the damages Pace had sustained. They therefore requested the court to order them to pay damages.

However, Bain Hogg was declared to be non-suited after it resulted that the company had acted as a broker to obtain insurance cover for Enemalta Corporation.

Thos. C. Smith Insurance Services Limited was then called into the suit as the insurers of Enemalta.

In the course of the court proceedings, witnesses testified that Pace had been placing extra weight on the bracket.

A board of inquiry established by Enemalta had recommended that employees carrying out this type of work be given refresher courses on the principles of installation of supports and lines and on safety aspects.

Mr Justice Caruana Demajo noted that these recommendations showed that the corporation was responsible for the damages sustained by Pace for it had not ensured that its employees were properly trained in the procedures they had to follow to work safely.

Furthermore, it also resulted that the corporation had not carried out surveillance to ensure that the procedures were being observed at all times.

The court added that Pace was also to blame for the accident for he had failed to wear the safety belt provided to him by the corporation.

The employee was bound to make use of the safety apparatus provided to him by his employer and was therefore at fault if he did not do so.

The corporation was therefore found to be responsible in the degree of 80 per cent for the accident, while Pace was held to be responsible in the degree of 20 per cent.

The court noted that no evidence was produced on the insurance policy in force at the time of the accident and the insurance company was therefore declared not to have been suited in the case.

In estimating the damages sustained, the court found that Pace had suffered a 25 per cent permanent disability and that the damages to which he was entitled to receive were Lm16,800. But Pace was also entitled to receive sickness benefits and the court therefore reduced the damages to which he was entitled by five per cent.

Dr Leslie Cuschieri was counsel to the Paces.