A River Road resident has won a major suit against a company owned by a controversial French entrepreneur on Calivigny Island. High court judge, Justice Brian Cottle has awarded Peter Rock the sum of $121, 000.00 in compensation for damages sustained while employed with Paradis Ltd, owned and operated by French national George Cohen.

Rock took the company to court following an injury sustained on the job in November 2004. He was represented in the matter by barrister-at-law, Anslem Clouden who is also engaged in another legal battle with Cohen.

Following is the full text of the judgement handed down by Justice Cottle:The claimant sustained injuries at work when he was struck by a sledgehammer to the neck. He filed the instant claim to which no defence was filed. Judgment in default was entered for the claimant for damages to be assessed. This is the assessment of damages.

The claimant was employed by the defendant as a mechanic at its premises at Calivigny Island, Grenada. In the course of his employment he suffered injuries to his neck and lower back. The accident occurred on 3rd November 2004. On admission to the hospital the right side of the claimant's face, lower jaw and neck were swollen.

He complained of pain and later developed pain to the lower back coupled with difficulty in swallowing solid food. When Dr. Keith Cummings saw the claimant on 13th December 2004 the claimant was still suffering pain to the neck and lower back requiring analgesia for relief. He had also developed sexual dysfunction. At the time of the accident he was 34 years old.

SPECIAL DAMAGES

Although the claimant did not specifically plead special damages in those words, in his statement of claim he sought compensation for

(1). Cost of medical treatment $425.00
(2). Cost of medical reports $215.00
(3). Cost of care at home $1920.00
(4). Loss of earnings of $1920.00
$3610.00

These amounts have not been disputed and I award this sum to the claimant as special damages.

(4)GENERAL DAMAGES

Pain suffering and loss of amenities. As a result of the accident the claimant loft consciousness for some 20 minutes. Dr. Noel thought that this was indicative of a high probability of mild traumatic brain injury.

The claimant complains of debilitating pan of the neck dow n to the lumbo sacral region. The MRI scan has revealed diffuse annular bulging of the discs of the spine.

The claimant was examined by the specialist Dr. Derick Lousaing at the request of the defendant. Dr. Lousaing was unable to predict the outcome of the claimant's injury. The claimant still wears a cervical collar and says he is unable to work. He also suffers from double vision at times. The range of motion of his back is now much decreased.

Before the accident the claimant says he was a fit and active man. He had in the past worked as an electrical linesman and also as a sailor in small craft in capacities which ranged literally from captain to cook. I award the claimant the sum of $40,000.00 under this head.

LOSS OF FUTURE EARNINGS

The claimant is now unable to work. It is unclear from the medical evidence whether this will improve.
Dr. Noel agreed that at present the claimant cannot work but expressed no views abut a prognosis for recovery, restricting himself to noting that the claimant's "thoracic and lower back pain may continue on and off in the future according to his work load".

In this state of uncertainty I must do the best I can. Before the accident the claimant earned $1,700 per month or $20,400 annually. I feel that a period of 4 years ought to be sufficient to enable the claimant to recover so as to go back to his former employment or equip himself for some less strenuous form of work. I thus award the claimant $81,600.00 under this head.

There is no medical basis for the suggestion by the claimant that he requires home nursing care in the future. I make no ward under this head. This leaves a total award of general damages to the claimant of

$ 81,600.00
0,000.00
$121,600.00

Costs I award the claimant costs of $16,000 which is approximately 60% of the prescribed costs or a claim of this value. Interest is awarded at 6% from judgment until payment.