West Coast Investment Limited was ordered by Lagos High Court in Igbosere to pay N5 M for a loss of arm by one of his employees when feeding waste into one of the machines.
Joshua Ejiro Ejiyere was feeding the waste into a machine when another employee of the company turned it on by accident. Ejiyere insistent that the defendants, including West Coast and the employee that turned on the machine, were negligent on how the machine operated.
Justice Ebenezer Adebajo was urged to order the defendant to pay Ejiyere N10 M and pay for all of his medical bills for losing his arm.
In its turn, the company urget the High Court to dismiss the suit claiming that Ejiyere was not an employee, but a trespasser and that the person that turned on the machine was no longer working for them.
Justice Adebajo agreed to the fact that the claimant is not to be regarded as an employee, however, he neglected the comment that he was a trespasser regarding the evidence that he was invited into the premises of West Coast.
Considering the fact that the claimant was a person legally in the premises of West Coast company, the latter was to be viewed owing the claimant duty of care. This duty of care was breached when the second defendant switched on the machine without warning the claimant.
The judge ordered the defendants to pay the claimant N5 million covering general damages and also pay for his treatment – N500,000 as special damages.
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