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Court awards compensation for mechanic injured in crane incident - Trinidad and Tobago Newsday

A mechanic with the Ministry of Works who was injured in an accident while dismantling a crane in 2008 will receive compensation for his injuries and for his doctor’s bill.

Last week, Master Martha Alexander ordered the State to pay a total of $323,674.55, plus interest and $ 34,759.05. in costs to Ignatius Samuel.

Samuel was part of a team assigned to the Agriculture Ministry’s El Carmen, Centeno, compound when he and the others were asked to dismantle a crane boom on July 16, 2008. He was directed by a supervisor to remove a pin from the centre of the boom crane using a sledgehammer. He complied with the instructions and the decision said the crane’s operator failed to take up the cable slack necessary to keep the boom stable.

When Samuel removed the pin, the boom dropped suddenly and he fell forward, striking his face and arm against the boom.

Alexander said it was not disputed Samuel suffered severe personal injuries, but there were some contention about certain aspects of it and his continuing disabilities.

The court asked for certain medical evidence to be presented at the assessment trial and only one of the two doctors showed up for cross-examination.

Samuel’s injuries were multiple. He received fractures to the face and reported suffering from loss of consciousness, headaches, dizziness, blackouts, blurred vision and swelling after the incident and was also diagnosed with the onset of seizures and post-concussion syndrome and the doctor said he had 50 per cent partial disability.

In her decision, Alexander said the doctor who testified, neurosurgeon Dr Ravindranath Narine, was credible and competent and his evidence was clinical, scientific and coherent.

“As an expert, he was professional and forthright in the giving of his evidence, which the court viewed as clear and unimpeachable. He provided invaluable assistance in aiding the court to understand the claimant’s injuries and the impact that they had on him,” she said.

Alexander also added, “Dr Narine was clear that the result of such a traumatic brain injury would be a number of symptoms with the most common being headaches, intermittent dizziness, sometimes blurred vision, lack of concentration, poor appetite, poor sleeping habits, and irritability."

She said because of the doctor’s cogent evidence, the court could not accede to the request by the State to disregard it.

Samuel also said because of his injuries he was not able to perform many tasks and his life changed. He also could not open his own garage as he had planned.

In her assessment for the quantum of damages, rejected the ranges submitted by the State, saying the figures suggested “was to invite the court to heavily discount and so penalises the claimant for exposing himself to the wrong inflicted on him."

Samuel was represented by attorneys Ganesh Saroop and Robert Abdool-Mitchell while the State was represented by attorneys Kelisha Bello and Avaria Niles.

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