Malta Freeport has been ordered to pay a port worker almost €224,000 after a court ruled that he suffered permanent disability during an incident while a container was being unloaded in April 2008.

Victor Fenech, who at the time was 42 years old, filed his action for damages in the First Hall of the Civil Court against the Malta Freeport Terminals Limited.

He told the court, presided over by Mr Justice Anthony Ellul, that he was inside the cabin of his truck at 9am on the day in question, waiting for a container to be loaded onto his truck by a large crane, known as a gantry crane.

He explained that the 20-foot container was lowered onto his truck but when the crane moved back up, the container rose too as it had not yet been unlocked. As a result, the container became dislodged and fell onto the truck with a bang.

The sudden weight caused the truck to jolt and he was “violently slammed” around inside the cabin, sustaining severe injuries to his back, neck and hipbone, resulting in a permanent disability.  

According to a medical report exhibited in court, Mr Fenech suffered a 15 per cent disability as a result of the incident. Doctors told the court Mr Fenech rrquires a hip replacement as a result of the injury he sustained.

The court heard how the crane was being operated by Orlando Pisani, who had joined the company a few days prior to the incident as a trainee. The court noted that the company had not brought any evidence to disprove that Mr Pisani was being allowed to operate the crane without any supervision.

“The company is duty-bound to reduce risks workers were exposed to at their workplace. It is the company that must ensure a safe environment for each and every worker,” Mr Justice Ellul said in his judgment.

He noted that Mr Fenech was on sick leave until January 2011, losing a total of more than €172,000 in wages since his annual net salary was €48,225.

The judge added €97,600 as compensation for the permanent disability suffered as well as medical expenses he incurred, reaching a total compensation of €223,367.58.

Lawyers Robert Abela and Albert Zerafa appeared for Mr Fenech.