Judge throws out injured Customs officer's compensation claim

A former Customs and Excise officer, who was seriously injured when he slipped and fell while on duty in 2013, has lost his claim against the State for compensation.

Justice Frank Seepersad on Monday dismissed the negligence and personal injury claim of Lincoln Merritt, holding that the claim could not succeed, since there was no unusual danger that contributed to his fall.Merritt, of Hodge Lane, Tunapuna, filed the claim in 2017. His widow Bernadette was substituted as claimant after he died last year, before the case went to trial.

According to the evidence, Merritt slipped and fell while collecting a package at a rented property at Haji Khan Avenue, Mayaro, on March 30, 2013. At the time, he was the officer in charge at the Customs and Excise Division’s offices at Galeota Point, Guayaguayare.

The division rented the property at Haji Khan Avenue, where Merritt lived. When he fell, Merritt suffered injuries to his head and spine and was sent on extended sick leave.

In his lawsuit, Merritt was initially seeking compensation for the $45,000 in medical expenses, compensation for future medical expenses and for the pain and suffering his endured.

However, in his oral decision, Seepersad said although the State had a duty of care towards Merritt, as the division had leased the property for him to stay when assigned to the area, there was no evidence of unusual danger contributing to the fall, since the division had no previous reports of issues with the tiles at the property.

"Falls can happen at any time where no rational explanation could be advanced," Seepersad said.

Seepersad also dismissed Merritt's claim that the division was in breach of the Occupational Safety and Health Act. He said a separate action should have been brought before the Industrial Court.

Although Merritt’s claim was dismissed, the judge did not order his widow to pay the State’s legal costs.

In her evidence in the case, Merritt's widow spoke of the effects the injuries had on her husband.

"He would complain to me that he was unable to stand or sit for long periods without enduring severe back pain. I observed he was always constrained to continuously wear a knee immobiliser and he would decline to attend social activities as playing sports, which he previously enjoyed doing," she said.

She added that he was very stressed because he was no longer financially secure and was unable to support her and their family.

Merritt was represented by attorney Keith Scotland.