TTEC to pay $109,700 to cop after pole pierced his face

A special reserve constable will receive $109,700 in compensation from the TT Electricity Commission (TTEC) and one of its drivers after a metal streetlight pole went through his face.

The order was made on Tuesday by Justice Ricky Rahim, who ruled in favour of Allan Joefield, 39, against the commission and its driver, Anil Oudit.

Joefield was driving a police vehicle on January 11, 2013, heading towards the Churchill Roosevelt Highway on Maraj Drive, Tunapuna, when a light pole on a TTEC truck, which was parked on the shoulder of the highway, penetrated the vehicle’s windshield. It left a large, gaping wound in Joefield’s face.

The metal streetlight poles were being installed by TTEC workmen, and were projecting out on the tray of the truck, driven by Oudit.

Joefield, in his lawsuit, said as he turned left on Maraj Street onto the highway, and passed the back of the TTEC truck, he heard a crashing sound and saw a pole coming towards his vehicle. He said the pole slipped, and denied claims by TTEC’s witnesses that he was speeding.

In his 49-page ruling, Rahim said, “It is pellucid that the first defendant (Oudit) owed a duty of care to fellow road users. The duty is to take reasonable care to avoid causing damage to persons using the roadway, vehicles or property of any kind on or adjoining the road.

“The standard of care which road users must exercise is that of the reasonable road user. The reasonable driver is not entitled to assume that other road users will exercise the appropriate degree of care and, if their conduct is within the realm of foreseeability, they will be liable for injury.

“Further, a driver ought not to carry a load in such a manner as to obstruct, endanger or interfere with traffic.”

Rahim held that there was no way Joefield could have contributed to his injury or prevented it.

Joefield, in his claim for compensation, said he still suffered headaches, his physical activities have been curtailed and he was afraid to drive, especially around heavily laden trucks.

He also said he had been doing an MBA, but had to withdraw after the accident, and his earnings from his two jobs have been significantly reduced.

“...It is clear on the evidence that the claimant did suffer long term pains and discomfort which seriously affected his lifestyle,” Rahim ruled, as he awarded Joefield damages, including interest, as well as costs.