MOTHER'S ENTERPRISES Ltd., operators of the local fast food chain Mother's, is to pay damages of $700,000 with interest to one of its employees who fell, injuring himself, when his foot became entangled in the printer cords running along a passageway at the office.
The Supreme Court award was made yesterday to Norman Birmingham, an accountant, employed to the defendant company situated at 14 Retirement Road, Kingston 5.
Birmingham said that on January 4, 1997, whilst walking along a passageway at the Retirement Road office, his foot became entangled with printer cords and he fell hitting his head. He said he had to seek medical attention, both locally and overseas. He also had to seek the services of an orthopaedic consultant.
On June 3, 1998, Birmingham, who was represented by attorney-at-law Maurice Manning, of the law firm Nunes Scholefield DeLeon and Co., filed a negligence suit against the company. He contended that the company failed to take adequate precautions for his safety whilst at work. He contended that the company exposed him to risk of damage of which it knew or ought to have known would be dangerous.
Birmingham also sued for breach of statutory duty and breach of the Occupier's Liability Act, contending that the company permitted the passageway to remain a danger to persons lawfully using it. He said the company caused or permitted the cords for the printer to be in an unsafe area.
The company, which was represented by Dennis Morrison, Q.C., instructed by the law firm DunnCox, denied responsibility for Birmingham's injuries. The company said the printer cords were kept safely by the wall and was not in an open area for anyone to trip over.
Justice Kay Beckford, after hearing evidence from the parties, ruled in favour of Birmingham. He was awarded general damages amounting to $522,000 with interest at six per cent from July 23, 1998 to the date of judgement and special damages of $167,027 and US$450 with interest at six per cent from April 1, 1997 to July 23, 1998.
