Injured worker wins over Lm26,700 in damages

A company was yesterday ordered to pay damages amounting to Lm26,752 to an employee who suffered permanent injuries when a fork lifter skidded and pushed him against a truck.

All Services Limited paid damages to Mario Theuma and his wife Josephine after the company accepted exclusive responsibility for the accident that left Mr Theuma with a permanent disability which, however, did not hinder him from working for a living.

The accident happened on May 24, 2000, at about 2 p.m. The task of Mr Theuma, who was then 42, involved taking note of crates of empty bottles which a colleague, Nicholas Scerri, was unloading from a truck.

Mr Scerri placed the first crate in the store and, as he carefully manoeuvred the fork lifter back to the truck, the fork lifter skidded on a ramp (leading to the store) that had become slippery because it had rained. On skidding, the fork lifter headed straight towards Mr Theuma, who was standing next to the truck, and pushing him against it.

Mr Justice Tonio Mallia, presiding over the First Hall of the Civil Court, noted that Mr Theuma had instituted proceedings against All Services Limited, Marsovin Qawra Agency and Mr Scerri.

The judge did not find Marsovin responsible for the incident as its involvement had not been proven and neither had it been proven that the company had a juridical relationship with Mr Theuma.

As for Mr Scerri, the court ruled he was not responsible for the incident as he had not driven the fork lifter in a negligent manner.

Lawyer Chris Cardona appeared for the Theumas.