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12 Managerial L. 1 (1972)

handle is hein.journals/ijlm12 and id is 1 raw text is: BURTON v. ROBERT STACE AND COMPANY LTD. QUEEN'S BENCH DIVISION Mr. Commissioner Bruce Griffiths Q.C. BURTON v. ROBERT STACE AND COMPANY LTD. November 25, 1971 Damages - Personal injuries - Crushing of dominant hand - Resulting deformity - Pain and suffering and loss of amenity - Prospective loss of earnings - Appropriate sum to be awarded as general damages. The plaintiff, a 19-year old machine attendant, trapped his right hand in the nip between moving rollers and suffered injuries for which he was held 25% to blame. His thumb and index finger were uninjured, the middle finger was some- what affected, the function and appearance of the ring finger grossly impaired and the little finger had to be amputated. On the question of damages, Held, the proper sum for loss of amenity was £2,500 to which a further £1,500 should be added forprospective loss of earnings, making a total award of £4,000 general damages on the basis of full liability. ACTION. The plaintiff, a machine attendant, was a keen and intelligent young man who at the time of the accident was 19 years of age; he was working under a machineminder as assistant on a Honsel bag machine which had the function of printing and making the inner sleeves in which gramophone records were packed. He had been employed by the defendants for about 2 years and had probably had more training than the average machine attendant, but he would have needed further instruction before being promoted to machine minder. The accident happened in the following circumstances: there had been trouble with the machine, a crack had developed in one of the rollers, and the minder, in preparation for a change of process, was cleaning the inking rollers, watched by the plaintiff who was waiting to help with the next stage of stripping down. The method used for cleaning the rollers was to lift the guard, set the inking button and then pour methylated spirit over the rollers, which were then rotating under power at about 50 - 60 rpm. If a patch of ink was particularly stubborn it would be necessary to stop the machine and separate the rollers before wiping it off. While the machine was still in motion the plaintiff, in an act described as one of misplaced enthusiasm, lent across to try to clean the rollers with a rag. As he did so his right hand 1

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