A builder who was hit by a crane while on duty in 1999 was this morning awarded €38,993.71 in damages.

George and Nancy Cardona had filed a writ for damages against Ferdinando Zammit and Peter Paul Zahra in the Gozo courts requesting the defendants to make good the damages sustained when Mr Cardona suffered a permanent disability of 16 per cent when he was hit by the arm of a crane while building a warehouse in 1999.

In November 2005, the Gozo Courts found Mr Zammit liable for two-thirds of the damages sustained by Mr Cardona and ordered him to pay Lm9,600 (€22,361.98) in damages.

The Cardonas appealed denying that Mr Cardona bore one-third of the responsibility for the accident and against the damages awarded.

In its judgment, the Court of Appeal, composed of Chief Justice Vincent Degaetano, Mr Justice Joseph D Camilleri and Mr Jusice Joseph A Filletti, said it did not result that Mr Cardona had failed to wear safety gear.

On the contrary, it resulted that Mr Zammit, who was the employer, had failed to provide protective clothing. As a result, there was no contributory negligence on the part of Mr Cardona.

The Court of Appeal then altered the award of damages and ordered Mr Zammit to pay Mr Cardona €38,993.71 in damages.