PHILIPSBURG--A judge in the Court of First Instance held construction company BBW responsible for worksite injuries sustained by carpenter Wilmore B. Smith (61) on June 14.
The construction company had denied any responsibility for the incident, but Judge Ren� van Veen ruled Friday that as the employer BBW should be held liable for the incident.
The judge also ordered BBW to pay the carpenter's salary from June 20 to July 28, which amounts to US $2,000, and to pay the costs of the legal procedures to the tune of NAf. 1,746.50.
The case was filed by HBN Law. Smith, hired by French-side subcontractor Bryan Enterprises, was executing manual demolition work on one of the derelict buildings owned by Sun Resorts Ltd. in Mullet Bay when debris from the ceiling collapsed on him, inflicting injuries to his head, ribs and spine.
His injuries were so serious that he was deemed unfit to work for at least a year, his attorney Kim Huisman said during the September 16, hearing.
However, the judge said it only could be proven that Smith had been declared unfit to work for two months, because there was no legal evidence of the man's inability to work after August 14.
Smith was not medically insured at the time of the accident and was not provided with any social or medical benefits by his employer.
BBW, which was represented in court by manager Fernando William and attorney-at-law Cindy Marica, maintained that Smith's argument should have been with his employer; the French-side subcontractor.
The judge rejected this argument, stating it had become clear that the demolition project at Mullet Bay was "managed and executed" by BBW's "team of project managers, supervisors, equipment operators and labourers," as stated in the so-called demolition plan.
In this plan it was also stated that "several local contractors" would be engaged "to provide labour services for the dismantling of the structures and cleanup." One of these local contractors was Bryan Enterprises.
The judge also found it proven that BBW, not any of the subcontractors, had had the main responsibility to ensure that the safety regulations were followed by the subcontractors on the site, and to verify whether each building was properly dismantled.
Furthermore, a Safety Inspection Department report revealed that new security measures had been taken after the incident, "because the previous regulations and measures were apparently insufficient," Judge van Veen stated in his ruling.
Smith had requested that BBW accept liability for the damages, which consisted of lost wages to the amount of US $5,000, NAf. 150 in medical expenses, and $3,325 in costs to establish liability and damages.
The court also was requested to order that BBW pay Smith's weekly salary of $500 as of August 30, for the duration of the project until Smith would be declared fit for work again.
However, the judge awarded only $2,000 in lost wages.
"In line with existing case law, the court has ruled that BBW is liable for damages suffered by non-employees ... and had failed to meet its safety obligations," HBN attorney Wim van Sambeek stated in a comment. "The court has shown some restraint regarding the amount of damages. This issue will be the subject of further litigation, unless the parties come to a settlement."
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