By AZARD ALI Monday, March 10 2008

A FORMER Caribbean Ispat worker has won a lawsuit against the company for negligence arising from an incident in which he fell from a platform and injured his back at the Point Lisas-based plant. Justice David Alexander on Thursday ordered damages be assessed by a Master of the High Court to determine the quantum the company should pay Davindra Maharaj, 45, of Williamsville.

The incident happened in 1990 and according to a lawsuit filed in the San Fernando High Court, Maharaj was on a platform repairing a hook while a welder was on the ground connecting a hose to a cutting torch.

It was about 11 am, Maharaj stated in his lawsuit filed against Caribbean Ispat and KFW Construction Services Ltd, while standing on the platform part of the sheeting which made up the flooring, tilted. Maharaj said he fell onto another platform eight feet below and landed on his feet. He further stated that he felt a “pinch” in his lower back and pain in the legs. He has since suffered permanent partial disability of 40 percent to his back, according to the lawsuit.

The case came up before Justice Alexander in the San Fernando High Court and attorneys for Caribbean Ispat — JD Sellier & Company, made a legal submission in the matter on an issue of whether the company was liable in law for negligence. Attorney Kevin Ratiram replied to the submissions. Justice Alexander dismissed the submissions of the company’s attorneys and ordered that damages be assessed for Maharaj. The company was ordered to pay legal cost as well.