Negligent Death Of Technician: Engineering firm ordered to pay N10m general damages

As a result of the negligent death of a technician, Mr Charles Chidi Obinweugo, while working on its premises, an engineering firm, Mak & Mak Limited, has been ordered to pay a damage sum to the tune of N10 million.

The sum was awarded by the High Court of Lagos State, presided over by Justice Adedayo Oyebanji, for the resultant loss of support for Mr Obinweugo’s widow, children and aged mother. 

It would be recalled that Mr Obinweugo threw in the towel on March 7, 2018, after the defendant engaged him to repair a Benut 500 piling crane machine at the company’s premises as a technician. 

The late technician had fallen off to the ground from the 40 feet high crane, burst his skull and spilled his brain. According to his medical report, Mr Obinweugo died of cardiopulmonary arrest as a result of a severe head injury sustained from the fall. 

The deceased’s dependents, particularly his wife, filed Suit No. LD/ADR/2108/2018, Mrs Juliana Alioma Obinweugo & Anor. V Mak & Mak Limited, claiming N50 million in general damages.

Their counsel, Chijioke Emeka (SAN), argued that the company owed a duty of care to provide the deceased with the required safety kit and also ensure that he was fully kitted before going up on the machine to effect repairs. 

But against the defence that kits were given to him, claimants relied on res ipsa loquitor.

According to the claimants, the deceased died as a result of negligence, the defendant having breached its duty of care to ensure the provision of safety kits on its premises and their mandatory usage before they allowed access to the crane. 

The suit added that the claimants had suffered psychological trauma and unmitigated loss as a result of the death of the breadwinner of the family, who left behind a widow, three young children, an aged mother and other dependents.  

But Mr Chibuzor Aguocha, counsel for the defendant, denied that the defendant was negligent. 

The lawyer contended that the defendant provided safety kits, but the deceased failed to use them. 

Aguocha equally posited that the deceased died due to his negligence, having gone up the crane without kits. 

The defendant further argued that rather than pay compensation, it commiserated with the family and assisted them towards burial costs. 

Three witnesses testified, the deceased’s elder brother, Pastor Godwin Obinweugo (CW1); his widow, Juliana (CW2); and the defendant’s maintenance manager, Anthony, who testified as DW 1. 

In its judgment, the Court held that the defendant was negligent in not ensuring that the deceased used safety kits before climbing the crane within the defendant’s premises and under its full control. 

It found DW1 not to be a witness of truth, having contradicted himself during cross-examination. 

DW1, who stated in his written testimony that the deceased failed to use provided kits, later testified that the deceased went up-kitted, and then found dead without the kits. 

The court held that the police report supported that the deceased died without kits.

Justice Oyebanji found that the deceased’s widow, three young children and aged mother suffered damage as a result of his death and awarded N10 Million in general damages, post-judgment interest of 10% per annum until full liquidation of the judgment sum, and N500, 000 as costs of the suit in their favour.

All rights reserved. This material and other digital volumes on this website, may not be reproduced, published, broadcast, rewritten, or redistributed in whole or in part without prior express written permission from THE NEWS ACCELERATOR NETWORK.

For advert placement, please contact thenewsacceleratornetwork@gmail.com or 08033599492.