Truck driver Evon Messam, who sued his employer in relation to an accident on the job which led to his right leg being amputated, was on Monday awarded $40 million in damages by the Supreme Court.
The claim was brought against Trevor Dunkley Jnr Haulage and Equipment Limited.
On the day of the incident on June 16, 2018, Messam was using the defendant’s 2009 motor truck to haul bauxite up a hill on a property in St Catherine which is owned by UC Rusal Windalco in Ewarton when it developed mechanical difficulties. The truck shut down on the incline and started to run backwards.
Messam was unable to stop the truck because it had no foot or emergency brakes. The truck collided with a pile of dirt and overturned causing Messam to suffer severe injuries.
Messam said immediately after the accident he began to feel severe pain in his right foot and saw blood spraying from it. He said he could see his crushed bones scattered on the ground.
Messam said in his affidavit that he was taken to hospital where he noticed that his crushed and mangled leg was barely hanging onto his body. The leg was amputated and he spent six weeks in hospital.
He also outlined the ongoing physical challenges he had and expressed frustration at the reluctance of women to become involved with him because of his condition.
The defendant failed to respond to the claim, a default judgment was entered and the matter was set for assessment of damages. Notice of proceedings were also served on General Accident Insurance Company, Jamaica Limited, which was the insurer for the truck.
Attorney-at-law Aon Stewart,instructed by the law firm Knight Junor & Samuels, presented medical evidence and financial statements to support Messam’s claim. He also cited several cases similar to Messam’s and asked the judge to make a substantial award in favour of Messam.
Justice Tricia Hutchinson-Shelly assessed damages and ruled that she did not agree with the defendant that the claimant had failed to place evidence before the court to show that future medical care will be required.
The judge referred to a letter from Surgix Jamaica and said there was conclusive evidence that the claimant will require above the knee prosthesis to improve his chances of mobility and a better quality of life. “The documentation also states that the prosthetic leg has to be replaced every nine years,” the judge said.
In assessing damages, the judge awarded special damages of $3.7 million with interest at three per cent from June 16 to July 31, 2023.
Messam was awarded $15.5 million with interest at three per cent from January 2019 to July 3, 2023 for general damages for pain and suffering and loss of amenities.
He was awarded $13.6 million for handicap on the labour market and $7.4 million for cost of future medical care. Legal costs were awarded in favour of Messam.
Attorneys-at-law Kacey-Ann Kennedy-Sherman and Simone Gooden instructed by the law firm Townsend Whyte and Porter, represented the defendant.
-Barbara Gayle
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