Darling v Bahamas Gas Ltd

• Jurisdiction: Bahamas
• Judge: Mohammed, J.
• Judgment Date: 04 April 2007
• Court: Supreme Court (Bahamas)
• Docket Number: CLE/gen/178 of 2003
• Date: 04 April 2007

Supreme Court

Mohammed, J.

CLE/gen/178 of 2003

Darling

and

Bahamas Gas Limited

Appearances:

Mr. John Deal for the plaintiff

Mr. Andrew Thompson for the defendant

Negligence - Liability – Whether defendant who was owner of equipment was liable for injury by fire sustained by plaintiff on job by failing to provide him with a safe system of work – Whether hose leading to gas tank was faulty –Finding that the employer was negligent in allowing an untrained person to join the hose which was the direct cause of the accident – Defendant liable for plaintiff's injuries – Damages to be assessed by Registrar.

Mohammed, J.

1 By Writ of Summons issued 6 March 2003 the plaintiff claims from the defendant “damages for the defendant's negligence in failing to provide him with a safe system of work which caused him to be injured by fire whilst at work”.

2 The plaintiff's case is that he worked for the defendant as a driver of one of the defendant's delivery trucks. The defendant carries on the business of the distribution of propane gas to residences and businesses throughout New Providence.

3 On 19 August 2002 the plaintiff was engaged in the course of his employment with another employee of the defendant in delivering gas to a residence in New Providence on the instructions of the defendant. The delivery was carried out with the assistance of a hose that led from the gas truck to the consumer's gas tank.

4 In the course of the delivery while the plaintiff was holding the hose, the gas inside the hose ignited and set the plaintiff afire and he sustained extensive injuries as a result. The plaintiff claimed that the hose was faulty.

5 Dr. Srikanth Garikaparthi testified that the plaintiff was referred to him on 21 August 2002 for examination. On examination the plaintiff was found to have suffered severe superficial partial thickness burns which is first and second degree burns to his face, left side of his neck, his upper limbs and a portion of the abdominal wall. This was a total of 18% of the body surface area. The plaintiff was discharged on 25 August 2002 and received out-patient care for about 8 weeks. The plaintiff received treatment for his burns but did not need surgical intervention. Subsequent observation showed that he had scarring on his hand, specifically on the dorsum, on the outside aspect and also on the forearm with white patches on the hand and fingers and also on his lips. The scarring was mild to moderate but the skin will not come back to normal. Later on he complained of recurring dreams. The doctor referred him to a psychiatrist for assessment and help. The plaintiff had no loss of mobility in his limbs but his injuries would have taken about 4 to 6 weeks to heal.

6 Dr. Adelina Kishore on 13 January 2003 certified that the plaintiff was seen at Community Counseling and Assessment Centre for the first time on 3 January 2003 with letter of referral from Dr. Garikaparthi — Plastic Surgeon Princess Margaret Hospital — OPD. Referral states that Mr. Darling has had recurrent dreams of the burn resulting from an accident on his job on 19 August 2002. He presented as a neat young man cooperative and pleasant but a little ashamed of the scars on his face and hands. He claims he had multiple surgery done for restoration of the burn scars. The surgery put a lot of stress on him. He admits to having anxiety attacks with symptoms of palpitations, insomnia, worrying a lot and recurrent dreams of the accident. He feels depressed as well because after 5 months of the accident nothing came out of it with regard to his status on the job, compensation and being financially strapped to support himself and his four year old child. His treatment was psychotherapy and anti depressant which he should take for at least 6–8 months to help for his depression and anxiety attacks and ability to cope. Prognosis will be good if he complies with his medication and attendance for psychotherapy.

7 Dr. Kishore also provided a further report on 27 March 2003. She stated that the plaintiff initially came to Community Counseling and Assessment Centre on 3 January 2003. He is a 34 years old male Bahamian with a history of burns of the face and hands following an accident with gas delivery at a home. He apparently sustained 20% burns to the body and had multiple attendances at the Burns Unit, Princess Margaret Hospital for surgery. He was referred to the Centre by the surgeon at Princess Margaret Hospital and presented with history of intermittent dreams of his accident causing him to be nervous, unable to return to sleep, anxiety attacks like palpitations and agitation. He is also complaining of feeling depressed because of the scars on his hands, face and lips in spite of surgery as well as unemployment. He worked at Bahamas Gas for 15 years. He was diagnosed as suffering from “Post Traumatic Stress Disorder” and Depression and his treatment was Stablon and psychotherapy. He attended the clinic three times since his initial contact (21 January 2003, 18 February 2003, 25 March 2003). He reported a mild improvement of his mental state and is still taking medication which he should continue for at least 6-8 months with ongoing psychotherapy.

8 Edward Wilkinson testified that he was employed with the defendant for 24 years. On 19 August 2002 the plaintiff picked him up from his home. The previous day the hose in the truck had burst. The mechanic Sidney Sears fixed it. He did not see the mechanic fix the hose. The plaintiff told him so. They drove to a customer's home to deliver gas. He was talking to the customer when all of a sudden the hose burst. The customer was cooking at the time and when the gas caught the fire there was an explosion. Both he and the plaintiff got burnt. The company gave him $5,000.00 and he signed a piece of paper.

9 Sidney Sears testified that he is an auto mechanic employed with Bahamas Gas for about 10 years. He is employed as a mechanic but he helps out any way he can. He knows Anthon Darling and knew he was injured on the job. He cannot recall if he did any major repairs to the truck on the morning in question. He thinks that he would have cut a hose and fix it on to an old hose. He cannot say with...