DEAN MARTIN -V- EGLINTON (TIMBER PRODUCTS) LTD

Londonderry Recorder's Court
30 June 2003
Her Honour Judge Philpott QC

The Plaintiff alleged in the course of his employment with the Defendants he was required to climb stacks of pallets in order to stamp them. While descending these he went over on his ankle. He alleged that the pallets were stacked 10 feet high and that he was required to climb on to the third pallet in order to reach the highest in the stack. He also alleged that the pallets were placed on stony ground and while he was stepping down from the pallet he severely twisted his ankle. He said that he reported the accident on the day in question and he called a witness to give evidence that he had seen him shortly after the accident holding his ankle in discomfort.

The Defendants indicated that they had no recollection of the accident having occurred. They denied that the pallets would have been stacked 10 feet high or that they were placed on stony ground.

Her Honour preferred the Plaintiff's version against that of the Defendant's. She did not accept that just because the accident was not recorded that it did not happen. She awarded the Plaintiff £7,500.00 together with £75.00 special loss. The case had been remitted to the County Court from the High Court and Her Honour commented that in her opinion the Plaintiff's sprain could have been as painful as a small hairline crack.