Syne v Bank of Nova Scotia Trinidad and Tobago Ltd
| Jurisdiction | Trinidad & Tobago |
| Judge | Brooks, J. |
| Judgment Date | 03 January 1991 |
| Neutral Citation | TT 1991 HC 12 |
| Docket Number | No. 976 of 1983 |
| Court | High Court (Trinidad and Tobago) |
| Date | 03 January 1991 |
High Court
Brooks, J.
No. 976 of 1983
Mr. R. L. Maharaj assisted by Ms. L. Maharaj for the plaintiff.
Mr. S. Maharaj instructed by Mr. C. Bharath for the defendant.
Damages - Personal injury — Caused by negligence and nuisance of defendant or servants — Plaintiff slipped and fell in defendant's bank — Plaintiff an employee — Whether defendant's negligence in applying polish caused steps on which plaintiff fell to be slippery and thus dangerous — No positive evidence that plaintiff suffered any loss of earning capacity as a result of her injuries but suffered great pain — General damages for pain, suffering and loss of amenities $50,000.
This is an action brought by the plaintiff against the defendant for damages for personal injuries, and for consequential loss occasioned to the plaintiff by the negligence and/or nuisance of the defendant, its servant and/or agent at the Marabella Branch of the defendant Bank on the 26th day of November, 1981.
By her amended Statement of Claim, the plaintiff alleged, inter alia, that:
- On the 26th day of November, 1981, the plaintiff was in the process of resuming duty after the luncheon break and while descending the steps from the upper floor where the lunchroom provided by the defendant was situated to the lower floor she slipped and fell and slid down the steps on her back as a result of which she suffered injury. 5. The injury to the plaintiff was caused by the negligence and/or nuisance on the part of the defendant, its servants and/or agents.
The particulars of negligence contained in the plaintiff's Statement of Claim read as follows: “The defendant, its servants and/or agents, was negligent in –
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(a) exposing the plaintiff to the risk of damage or injury of which it knew or ought to have known.
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(b) failing to provide a safe place for the plaintiff to work or a safe means of access to and from the plaintiff's place of work.
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(c) causing or permitting the said steps to the polished and or shone thereby making the same slippery one dangerous to walk on.
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(d) failing to take any or effective measures to prevent the said steps from being slippery and dangerous.
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(e) in the premises. failing to provide a safe system of work at the said premises.
The defendant, in its defence, admitted that on the material date the plaintiff fell accidentally whilst descending the staff staircase from the first floor at its Marabella Branch, but denied that the injury to the plaintiff was caused by its negligence and/or nuisance, or by any negligence and/or nuisance on the part of its servants and/or agents.
Further, at paragraph 4 of the defence, the defendant pleaded: “Further or in the alternative, the said accident occurred wholly or in part by the plaintiff's negligence.”
And, it gave as Particulars of Negligence: “Failure to take sufficient or any care in descending the said staircase and/or failure to hold on to the handrail thereof; and/or looking backwards and/or conversing with persons at the back while descending the said staircase, and/or failure to pay due or any regard for her own safety in descending the said staircase.”
The incident which gave rise to the plaintiff's claim arose as follows: The plaintiff was employed at the Marabella branch of the defendant's Bank, which was comprised of an upper floor and a ground floor. The upper floor of the said bank was inked to the ground floor by means of two staircases-a staff staircase, and a customer staircase. The staff staircase which consisted roughly of 20 steps constructed of concrete, with a terrazzo finish, and supported by a wooden handrail, first descended to a landing and continued thereafter to the ground floor. On the 21st November, 1981, following the lunch break, the plaintiff, whilst descending staff staircase from the lunchroom situate on the upper floor, slipped and fell down the flight of steps, injuring herself.
The plaintiff claims (a) that the steps of the staff staircase were polished on the date in question by the defendant's servant and/or agent, (b) that the polish on the said steps rendered she steps slippery and thus dangerous, and (c) asserts that the injuries which she received as a result of the fall on the said steps were caused by the negligence and/or nuisance of the defendant, its servant and/or agent.
The defendant, on the other hand, denied that there was any polish on the steps, and maintained that the accident occurred as a result of the negligence either wholly or in part of the plaintiff herself.
The plaintiff's version of the incident was this. She was employed at the defendant's Bank, Marabella Branch. She started working there on the 20th June, 1970, as a Machine Operator. In 1981, she became Senior Operations Officer in charge of Customer Services. On the 26th November, 1981, an incident occurred at the dank which forms the subject matter of is action. The plaintiff had gone to work there that day. During the lunch period, she went upstairs to the upper floor where the lunch room is situated. Initially, business at the Marabella Branch was conducted in a Caravan. Around 1971 or 1972, a structure was erected, and the Bank shifted is operations to that building. Thereafter, business at the Marabella Branch expanded and an upper floor was added to the original structure. The upper floor accommodated, inter alia, a ladies rest room, and a kitchen. Access to, the upper floor was gained by means of two staircases a costumer staircase, and a staff staircase. The staff staircase consisted of some 19/20 steps, with a landing. From that landing some four or five steps led to the ground floor. The steps of the staff stairway were constructed of concrete, with a terrazzo finish.
In her examination in chief the plaintiff described the incident as follows:
“On that particular day I was walking in the corridor on the upper floor descending on the steps of the staircase. I put my right foot on the first step. Then I started to put my left foot on the second step. I put my left foot on the second step, and my hand (left) was holding on to the railing and my handbag was on my right shoulder. As I put my left foot on the second step, I took a slip on that second step going down about 10 steps on my back, hitting the back of my head, my back, my leg, my hips, and my left arm. I ended up midway down the 19 steps. I ended up in a sitting position at the end of those 10 steps.”
The plaintiff said that at the time of incident she was in company with two of her co-workers one Angela Sookoo, and Marilyn Charles. They were walking behind her at the top of the stairs. The plaintiff complained that she suffered shock and pain and that she screamed out aloud. In her examination in chief, she continued: “I was in pain where I get lashed in my back. I was proceeding cautiously. I was looking at the steps I was coming down. My hand slipped off the railing and my skin on the inner side of my left hand got grazed.”
At the time of the mishap, the plaintiff was wearing a pair of shoes, with medium sized heels. She pointed out that she was unable to perform her duties that afternoon, and had to be assisted by Mr. McQueen, the Credit Officer attached to the Bank, who locked away the teller's cash. On her arrival home later that evening, she felt pain in her arm, the back of her neck, in her back, and her arm started to get stiff. She applied iodex and hot water to the affected areas, but the pain did not subside. The following day, she could not report for duty, as she was still experiencing plenty of pain, and had problems getting off her bed. During the weekend, the pain persisted, and on the following Monday, she saw Dr. Wharton who examined her, prescribed medication for her and recommended sick leave for her. At the expiration of her sick leave, the plaintiff returned to work at the Marabella Branch of the Bank. During the period 7 th December to 10th December, 1981, the Canadian Inspectors carried out a review of the Branch's activities at the Marabella Branch viz, auditing of accounts. Stella Syne was assigned to assist them, which in fact entailed locating vouchers, ledgers cards etc. for the Inspectors.
On the 10 th December, 1981, the plaintiff, whilst at work on the upper floor felt a sharp pain radiating from her back straight to her head. She became ill. After placing her head on a table for a little while, she tried to straighten herself, but realized that her back could not straighten. From work she was taken to the Southern Specialist Centre at Quenca Street, San Fernando where she was attended to by Dr. Ramdial. The following day she was discharged and was referred to Dr. Seepersad, a Neurosurgeon. Dr. Seepersad examined and treated Stella Syne from 13th December 1981 to 30th March 1987. During the period 13 th December, 1981 to May 1987, the plaintiff remained at home on extended sick leave and tendered several medical certificates for sick leave to the bank.
During that periods she still complained of pains. At first, Dr. Seepersad prescribed for Stella Syne bed rest; and medication. But as her pains lingered, this treatment was followed up by back therapy, massages, application of heat bags and exercises which lasted until March, 1987. Finally, the plaintiff stated in her examination in chief: “I was particular … when I was coming down the steps on that day. I was holding on to the rails and looking down at my steps which I always do. My left hand slipped the slip that I took, I started to go down on my back and my hand loosened. The staff was particularly told to use that staircase.”
She resigned her job with the Bank on the 12th day of November, 1984. Mrs. Syne was cross-examined by Mr. Sonny Maharaj for the bank vigorously and at great length. During the course of her...
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