JUDGMENT OF THE COURT
The appellant is aggrieved by the judgment and decree of the superior court (Gacheche J) by which the superior court found the appellant liable for negligence and awarded the respondent special and general damages for injuries sustained in an industrial accident. The appeal is against both liability and damages.
The respondent was on a four – year apprenticeship for general fitting and mechanical engineering and was attached to the appellant’s factory. On the material date, 4th July, 1998, the respondent and other employees of the appellant were instructed to remove a locker from the first floor of the factory building to another building about 50 metres away. The locker had to be lowered to the ground floor, put in a fork lift and ferried to the other building. The respondent and his colleague John Ododa decided to use an overhead crane to lower the locker.
Since the walkways on the upper floor had been dismantled and the switch handle cable of the crane was short,…