President's chef loses bid to claim damages after kitchen incident

The Court of Appeal yesterday confirmed a judgment, which found that the Office of the President of the Republic was not to blame for a personal injury claim made by a chef who had slipped while washing the floor.

Francis and Doris Buhagiar had filed a suit for damages against the secretary at the Office of the President saying that, on September 18, 2003, Mr Buhagiar, a chef to the President, was washing the kitchen floor at San Anton Palace when he slipped and fell. The couple claimed that Mr Buhagiar suffered a permanent disability and asked the First Hall of the Civil Court to order the President's Office to make good the damages he had sustained.

The Buhagiars' claim was dismissed by the first court on grounds that the President's Office was not at fault.

The couple sought recourse to the Court of Appeal composed of Chief Justice Vincent Degaetano, Mr Justice Joseph A. Filletti and Mr Justice Geoffrey Valenzia.

The appeals court pointed out that the law on damages in personal injury cases was based upon a finding of fault on the part of the party sued. Such fault did not result in this case.

Mr Buhagiar's duties in the Presidential kitchens comprised the maintenance of cleanliness together with the two other chefs employed there. The obligation to wash the kitchen floors was also incorporated in the collective agreement governing the employment.

The court heard that Mr Buhagiar had been ordered to wash the kitchen floor because there was no cooking to be done on that particular day. He had used the floor-washing equipment provided to him by the Palace. The court heard that no evidence had been brought to show that this equipment was in any manner defective or that the Palace had failed to provide Mr Buhagiar with a safe system of work.

Once the President's Office had not been proven to be at fault for the accident, it could not be held liable for the alleged damages.

The Court of Appeal therefore confirmed the first court's judgment and dismissed the appeal.