GUIDED BY A LANDMARK 2007 judgment, the High Court has ruled that an employer must pay a driver who fell from her defective lorry more than $60 000 in damages.
The recent case involving driver Leroy Dacosta Roach, 45, of Sutherland Hill, St Lucy, and truck owner Mary Anne Alleyne, involved the issue of whether Roach was Alleyne’s employee and therefore entitled to “a duty of care”, or whether he was an independent contractor.
Justice Kaye Goodridge ruled on November 10 that there was indeed a breach of duty of care by Alleyne, resulting in injury to Roach, who will receive $20 000 in general damages, $39 325 for past loss of earnings and $7 480 in special damages.
“This case was guided by the principles which were elucidated in the case of Sagicor Insurance Co. vs Livingstone Carter et al.,” Roach’s attorney, Clement Lashley, QC, told the SUNDAY SUN. (RJ)
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