METROPOLITAN PARKS and Market (MPM) is to pay $5.5 million to one of its sidemen, who lost both legs when the wheels of one of the company's trucks ran over them, after he fell from the unit.The Supreme Court made the award yesterday in favour of 52-year-old Percival Swaby for the injuries he suffered on June 9, 2000 while travelling along Spanish Town Road, Kingston.
Swaby, whose legs were amputated above the knee and is who now confined to a wheelchair, said he was employed to MPM for 20 years up to the time of the accident.
He said while travelling in a crane truck along Spanish Town Road he felt the truck go over a bump and he fell from it. The licensed driver had given the vehicle to a co-worker, who was an unlicensed driver, to transport Swaby and other workers home.
MPM contended in court that the man driving the truck was not acting in the course of his employment.
MPM led evidence that Swaby, who was intoxicated, was responsible for the accident because he was moving around the back of the truck.
