A man has been awarded over €169,000 in damages after a court upheld his claim for a compensation, says an article published in Newsbook.
Dry-docking area
Emmanuel Catania, 55, sued Palumbo Malta Shipyards Ltd after he was injured while working at the Bormla shipyard. The incident which took place on 11 December 2012 left Catania with permanent disability and had a “devastating effect” on his life.
In his claim for damages, Catania said he had sustained grievous injuries that caused him permanent disability, and alleged that the company should be held responsible for negligence and lack of occupational health and safety. He sued for present and future damages.
The defendant company countered saying the plaintiff’s negligence caused the incident.
On the day of the incident, Catania, who had been working as a foreman with the defendant since 2010, and had been first employed with its predecessors in 2003, reported to work at about 7 am. As a foreman, he had the duty to ensure that all equipment was in good working condition, however on the day of the incident he noticed that there was a particular piece of equipment which wasn’t and he loaded it onto the forklift to take it to the workshop.
As he was driving up the hill, the forklift rolled down hill with Catania inside before crashing into a crash barrier and falling from a height of about 13 metres into the dry-docking area.
The plaintiff testified in court about the incident saying he had almost reached the crest of the hill before there was a brake failure. He recalled the incident and said he eventually found himself in the dry-docking area which had little water inside before falling unconscious.
Trauma surgeon
The man spent days fighting for his life in intensive care.
At the time of the incident, there was only one witness who recalled the forklift rolling backwards before crashing into the barrier and falling down.
A Consultant Orthopaedic and Trauma Surgeon testified in court about the injuries Catania sustained. He explained that the incident completely changed his life. He is now dependent on two crutches and unable to walk for distances over 100 metres. He needs help from his relatives to dress and requires regular medication for recurrent pain mainly in his back,
hips and legs.
“This accident has had a severe impact on his mental state and despite doing his utmost to get as best a recovery as possible he often feels helpless and dependent.”
“This accident has had a devastating effect on Mr Catania’s life. He has already had an episode of infected metalwork once and may well need further surgery in future in the form of hip replacement. As a direct result of this injury he has sustained a permanent disability of 50%,” the surgeon concluded.
The Social Security Department’s medical board had also established that Catania suffered 50% permanent disability.
Court expert Ray Gatt, a Consultant Orthopaedic and Trauma Surgeon, examined Catania in 2018, reporting back to the court that Catania sustained a permanent disability of 47%.
Gatt observed that due to the injuries, Catania never returned to work and had to resign.
During the magisterial inquiry it was established that the forklift in question had various gauges which were not functioning, including the instrument panel. Thus, anyone operating the machinery could not know if it had sufficient fuel or no. It emerged that it started moving backwards because it had run out of fuel.
The inquiry established that the forklift operators were not given any training. A court expert carrying a health risk assessment established that there were serious shortcomings from the defendant company’s part. Palumbo Ship Repairs failed to establish the risks involved and never revised their health risk assessment for the machinery.
Palumbo malta shipyards
“While the forklift was being used, it was crystal clear that it posed a risk for anyone using it,” the report concluded. It was also established that it was not the first time for the forklift to run out of fuel, however, this time the operator could not control it because he was moving the forklift along a slope.
Moreover, the last risk assessment carried out by the company, dated back to 2008, while the forklift was serviced two months prior to the incident.
The Court held that the defendant’s plea that the man should be held responsible had not been proven, and concluded that Palumbo is solely responsible for the incident.
The Court held Palumbo Malta Shipyards Ltd responsible and ordered the defendant company to pay €169,163.30 which are divided into €3,065.70 (covering expenses already paid in relation to medicine, therapy, etc); €140,097.60 (damages awarded for loss of reasonably expected profits) and €26,000 – for a platform lift which has not yet been bought to be installed at the plaintiff’s home.
Madam Justice Miriam Hayman presided over the case.
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Source: Newsbook
