A High Court judge has ruled in favour of the common-law wife of a diesel mechanic who was crushed by a cement truck in 2021.
At the end of a two-day trial on March 13, Justice Frank Seepersad ruled that R&K Concrete Company Ltd had breached its duty of care to its employee, Jerome Thomas, who died on April 19, 2021.
In his oral ruling, Seepersad noted that the company had failed to train its employees on the safety aspects of repairing extra heavy T trucks and had no safety protocols in place at the time.
“As a consequence, a young man lost his life and the lives of his family have been forever altered.”
In deciding the case, Seepersad ruled, “In this case, the deceased was not adequately protected…”
>
The judge presided over Amanda Mohammed’s negligence claim against two companies alleging they failed to ensure Thomas's safety on the job.
Mohammed, the administratrix of Jerome Thomas’s estate, filed a lawsuit against Cretelife Project Management Ltd and R&K Concrete, claiming they breached their duty of care, leading to his fatal injuries. Seepersad dismissed the claim against Cretelife, but did not order her to pay its costs.
Thomas, 28, was working on a stalled concrete boom pump truck near Cumana Bridge, Toco, on April 18, 2021, when the vehicle rolled forward and trapped him under a wheel. He died from his injuries the next day.
According to Mohammed’s lawsuit, Thomas was employed with R&K Concrete on a probationary basis after previously working as a diesel mechanic with Cretelife. The lawsuit claims that both companies failed to take reasonable precautions to prevent the accident, citing multiple breaches highlighted in a July 2022 report by the Occupational Safety and Health Agency (OSHA).
Mohammed’s lawsuit contended the companies failed to provide wheel chucks or other stabilising measures to prevent the truck from rolling; failed to maintain the vehicle, leading to its breakdown; failed to implement a safe system of work; allowed the parking of the truck on an incline without adequate precautions; and instructed Thomas to repair the truck on-site instead of towing it to a secure location.
Mohammed sought compensation for lost earnings, funeral expenses, and loss of expectation of life, amounting to over $1 million.
However, compensation will be assessed by a master.
In deciding the case, Seepersad said it was difficult to understand why the matter was litigated in light of the OSH Agency report, saying the case should have been settled.
“It is most regrettable…Workers are the heart of any commercial enterprise and they should be valued and protected.”
>
He said heavy T trucks with air brakes were “dangerous pieces of equipment and care and caution must be exercised.”
“For this year, there have been at least two reported deaths which involved big trucks. One instance allegedly occurred as repair was being effected at a contractor's compound and the other involved a masquerader who was crushed as a parked music truck lunged forward,” the judge noted.
In their defence, Cretelife and R&K Concrete argued that Thomas was responsible for his safety. They claimed he was an experienced diesel mechanic trained in safety procedures and chocking blocks were available but were not used.
The companies also disputed OSHA’s findings. Although acknowledging Thomas’s injuries and death, they denied liability, arguing that their safety protocols were in place and that the accident was not due to their negligence.
Prakash Maharaj represented Mohammed while Zelica Haynes-Soo Hon and Kerri-Ann Oliverie represented the companies.
