WASA worker injured on Tobago job site awarded damages

The High Court has ruled in favour of a Water and Sewerage Authority (WASA) employee in a negligence claim against a heavy equipment operator and a businessman, over a 2020 work-site accident in Tobago.

Justice Frank Seepersad found Lance Roberts, a heavy equipment operator and Mohan Bissessar, trading as Singh’s Tyre and Hardware Supplies, liable for injuries Stephen Burnett sustained when a backhoe struck him and threw him into a trench at a WASA work site on Pigeon Point Road, Crown Point, on March 20, 2020. The judge gave an oral ruling on October 8.

Seepersad said that “on a balance of probabilities, Roberts would have remained in the backhoe and was the only person charged with the responsibility of operating the backhoe on that day.” He ruled that Roberts restarted the backhoe “suddenly and without warning,” causing the bucket arm to strike Burnett, who suffered head, shoulder, and leg injuries.

The court determined that Roberts acted “without due care and attention” and was “reckless” in operating the equipment, while Bissessar, as the owner of the backhoe and Roberts’ employer, shared liability. Compensation for Burnett’s injuries is to be assessed by a master in chambers.

Burnett, 62, a WASA craftsman employed since 1975, testified that he had instructed Roberts to switch off the backhoe after a TT Electricity Commission official ordered work to stop. Moments later, the backhoe restarted, striking him and pitching him into a trench where two WASA employees were working.

In his sworn statement, Burnett said he endured months of pain, multiple surgeries, and financial hardship due to his injuries. He also said neither defendant offered assistance following the incident.

Roberts and Bissessar denied liability, claiming Burnett fell because of loose soil. However, the judge rejected that defence, saying the evidence supported Burnett’s account and was corroborated by WASA witnesses. Seepersad found no liability against WASA, noting the agency’s co-operation had been “invaluable” to the court’s findings.

Burnett was represented by Deborah Moore-Miggings, while Brunnock Reid and Cellann Plowden represented Roberts and Bissessar. Jasseran Hosein and Sheldon Sookram represented WASA.