STEPHEN McINTYRE -v- KENDALL LIMITED

Ballymena County Court
21 September 2001
Deputy Judge Canavan
Ordinary Civil Bill - £15,000

The plaintiff was employed in the Defendant's moulding department for 17 years. In 1997 he was transferred to a new machine and, shortly thereafter, felt pain in his neck.

He alleged specifically that he had to work at speed at a table set too high, over which he had to stoop. He said that he suffered excruciating neck pain, like a nettle sting or numbing. This pain was absent at weekends.

His engineer gave evidence at the trial that the work was a manipulative task and the work-station made it more arduous. There had been two engineer's inspections.

The Defendant's engineer gave evidence that there was no problem with the height of the table.

The Plaintiff gave highly conflicting evidence and said that the table, which was the subject of the second inspection, was not the one which he had been working at. His table, he alleged, was lower than that shown in the photographs.

We applied, successfully, to the Judge that the plaintiff had failed to establish a case and the Judge acceded to our application. We were granted costs.