Mullaney v Brenwal Limited [2012] JRC 091 (08 May 2012)

Mullaney v Brenwal Limited [2012] JRC 091 (08 May 2012)

Plaintiff was not formally trained or informed of shoring requirements, lacked responsibility for machinery, and acted primarily as pipe-layer. Employer breached statutory duty by failing to shore trench and failing to appoint qualified safety officer. Plaintiff's actions contributed to accident but employer's breach was primary cause. Deduction for contributory negligence must not emasculate statutory duty; plaintiff's share of responsibility is limited.

Citation
[2012] JRC 091
Parties
Plaintiff: Plaintiff (Mr Mullaney); Defendant: Brenwal Limited
Jurisdiction
Jersey
Judgment Date
08 May 2012
Procedural Posture
Personal Injury / Liability Determination; Quantum to Be Assessed Separately
Outcome
Plaintiff not found contributorily negligent; no deduction from damages for contributory negligence.
Legal Topics
Contributory Negligence, Breach of Statutory Duty, Employer's Liability, Construction Site Safety
Tort Employment Health and Safety Contributory Negligence Breach of Statutory Duty Employer's Liability Construction Site Safety

Case Brief

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Parties

Plaintiff (Mr Mullaney)

Plaintiff

Brenwal Limited

Defendant

Procedural Posture

Personal Injury / Liability Determination; Quantum to Be Assessed Separately

Legal Issues

  1. 1 Whether the plaintiff was contributorily negligent in the accident
  2. 2 Extent of deduction from damages for contributory negligence

Ratio Decidendi

Plaintiff was not formally trained or informed of shoring requirements, lacked responsibility for machinery, and acted primarily as pipe-layer. Employer breached statutory duty by failing to shore trench and failing to appoint qualified safety officer. Plaintiff's actions contributed to accident but employer's breach was primary cause. Deduction for contributory negligence must not emasculate statutory duty; plaintiff's share of responsibility is limited.

Court Disposition

Plaintiff not found contributorily negligent; no deduction from damages for contributory negligence.

Orders

  • Defendant liable for accident; quantum of damages to be assessed at separate hearing.
  • No reduction in damages for contributory negligence.