13-Oct-09
START DATE
END DATE
30-Oct-09
Antonio M. Fagundo v Island Cleaning Services
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
Hon. Kawaley J
Mr. Jai Pachai & Ms. Margaret Burgess-Howie (Wakefield Quin)
Mr. Timothy Marshall & Mr. Kevin Taylor (Marshall Diel & Myers)
FACTS OF THE CASE:
The Plaintiff, a Portuguese national, was employed by the Defendant as a cleaner. He claimed personal injury damages for an accident that occurred on September 2, 2000, when he slipped and fell while stripping wax from a floor. He alleged the accident was caused by the Defendant?s failure to provide proper safety footwear. The Defendant denied liability, arguing that the Plaintiff was responsible for his own footwear. The Court had to determine whether the employer was negligent and if the Plaintiff contributed to his injuries.
SUMMARY:
(1) Did the Defendant owe a duty of care to provide protective footwear? (2) Was the Plaintiff?s injury caused by the lack of safety shoes? (3) Did the Plaintiff contribute to his injuries?
OUTCOMES:
Employer found negligent; Plaintiff awarded damages; Contributory negligence assessed.
RULED IN FAVOUR OF:
Antonio Marques Fagundo (Plaintiff)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Antonio M. Fagundo v Island Cleaning Services
The Plaintiff, a Portuguese national, was employed by the Defendant as a cleaner. He claimed personal injury damages for an accident that occurred on September 2, 2000, when he slipped and fell while stripping wax from a floor. He alleged the accident was caused by the Defendant?s failure to provide proper safety footwear. The Defendant denied liability, arguing that the Plaintiff was responsible for his own footwear. The Court had to determine whether the employer was negligent and if the Plaintiff contributed to his injuries.