Wed | Dec 7, 2016

Bag juice factory worker awarded $6m for injury sustained on job

Published:Thursday | March 5, 2015 | 3:02 PM

Bag juice factory worker awarded $6m for injury sustained on job

A former bag juice factory worker who was injured on his job four years ago was awarded $6 million in damages in Supreme Court. 

Acting Supreme Court Justice, Audre Lindo yesterday made the award to 32-year-old Patrick Morton, of Old Harbour, St Catherine.

 

Jovan Johnson reports

Morton had alleged that on May 26, 2010 he was working at OJ Koolers on a contract as a production assistant when he sustained an injury to his right hand. 

According to him, he was working on a bag juice-making machine at the factory when his arm was crushed as he attempted to clear a blockage.

He told the court that as a result of the injury, he could not work to provide for his family.

Attorneys-at-law Sean Kinghorn and Danielle Archer filed a lawsuit on his behalf in 2011.

It was successfully argued that Morton's injury from the defendant's machine was caused by the negligence of OJ Koolers.

Morton testified that he was allowed to operate the machine freely and would have to use his hands on occasions to fix the bags when they became stuck in the machine.

He said he was given no protective gear nor any formal training to carry out the task and that was why he got injured.

OJ Koolers' defence was led  by Attorney-at-law Barry Frankson.

They argued that it was Morton's own negligence that caused his injuries, at the Old Harbour base company.

The case was heard by Justice Audre Lindo July 22 and 23 last year and February 27 this year.

Morton was awarded $240,000 for loss of earning for a year.

He is to get $6 million for general damages as a result of pain and suffering with three per cent interest from the day of the accident to February 27 this year. 

The award covers being handicapped on the labour market and loss of future earnings.

He was also awarded for future medical expenses.