Wednesday 24th November 2021
The Claimant appeals the order of Martin Spencer J dated 5 October 2020 dismissing an appeal from the order of HHJ Rawlings dated 14 October 2019 dismissing the Claimant’s claim for damages for personal injury.
Claim was for damages for personal injury alleging negligence against the Defendant when C suffered a perforated ear drum and noise induced hearing loss when working on a building site controlled by D. He was employed by Rolltech Engineering but had been contracted out to D to work on the site. Tensions had arisen between those employed by Rolltech and D which C had reported to Rolltech but he had been asked to remain working on site. D’s fitters felt that their jobs were threatened by the contractors. The incident occurred when one of D’s fitters played a practical joke on C and put 2 pellet targets near to C and hit them with a hammer causing a loud explosion from which C’s injuries resulted. The perpetrator was then dismissed by D. C argues that, knowing his concerns, D should have removed or disciplined the perpetrator and some others before the incident occurred and that there was inadequate supervision.
HHJ Rawlings dismissed the claim finding that D was not vicariously liable.
Martin Spencer J dismissed the appeal finding no error of law.
Lower Court Judgment:
Chell v Tarmac Cement And Lime Ltd  EWHC 2613 (QB) (05 October 2020) (bailii.org)