Barbara Gayle, Staff Reporter

Cable and Wireless Jamaica (C&WJ) has withdrawn its appeal against a Supreme Court ruling that it is to pay $800,000 with interest to a pedestrian who was injured when he tripped over a copper rod that was protruding from a sidewalk. With interest and special damages, he should handily collect more than $1 million.

Finding the culprit

The pedestrian, Jonathan Johnson, was not sure who was responsible for his injury, so he sued C&WJ, Jamaica Public Service (JPS) and the attorney general because he claimed that the National Works Agency (NWA) could also be responsible.

Supreme Court judge Roy Anderson heard evidence in the matter and found that C&W was responsible for Johnson's injuries.

Johnson said he was walking on the sidewalk along Hagley Park Road, Kingston 10, on November 29, 1999 when he tripped over the copper rod. He suffered injuries to his right foot and sometime after filed a negligence suit.

Johnson, who was represented by attorneys-at-law Garth McBean and Charmian Rhoden, claimed the defendants negligently left the copper rod on the sidewalk, posing harm to him and other pedestrians.

The judge found that the copper rod was broken after the the NWA had widened the road. The judge upheld submissions by attorney-at-law David Batts that there was no credible evidence that the copper rod belonged to JPS.

In handing down his decision, the judge found that on a balance of probabilities, the offending rod was, in fact, C&WJ's.

Damages

The judge, in awarding damages, said that Johnson suffered no residual disability and did not pursue other medical recommendations. Johnson was awarded general damages of $800,000 with interest for pain and suffering and loss of amenities. He was awarded special damages of $186,380.

An appeal was filed against the judge's ruling but when the case came for hearing last week, C&WJ withdrew its appeal.

barbara.gayle@gleanerjm.com