Barbara Gayle, Staff Reporter

A former employee of Nestlé JMP Jamaica Ltd has lost his case in the Supreme Court to recover compensation from the company for injuries suffered on two separate occasions.

David Lawrence, who was employed to Cremo Ltd, which was later incorporated by Nestlé, filed a negligence suit in 2002.

Lawrence, who was a cold-room worker, contended that in October 1996, while moving stocks from a shelf, he suffered injuries to his knee. He said also that in January 1998, he was instructed to move stocks from the cold room when he slipped and twisted his right knee.

Precautions

Nestlé was accused of failing to take adequate precautions for Lawrence's safety and permitting Lawrence to walk on a floor that was slippery. Lawrence said because of the injuries he was unable to work, and he was made redundant on medical grounds in February 2001.

In its defence, Nestlé, which was represented by attorney-at-law Emile Leiba, of Myers, Fletcher and Gordon, denied that it had committed any breach. Nestlé contended that any injuries which Lawrence sustained were caused wholly or partially by his own negligence.

Own carelessness

Supreme Court judge Ingrid Mangatal found that Lawrence, through his own carelessness in performing the regulation task of removing ice cream from the shelf in 1996, was the author of his own misfortune.

The judge said that in relation to Lawrence's injury in 1998, she found as a fact that Nestlé had a system of work where employees in the cold room were responsible for clearing dangerous matter, such as ice, from their work area. The judge accepted evidence given by witnesses for Nestlé that workers in the cold room were given instruments to remove ice from the floor.

It was the judge's finding that Lawrence saw ice on the floor on the morning of the accident, knew it was slippery and did not make an attempt to get rid of it.

barbara.gayle@gleanerjm.com