(CMR) Marty Christian (44), a stevedore who fell approximately 16 feet after a crane operator lifted two containers while he was on top, is suing the Port Authority of the Cayman Islands for personal injury, loss, and damage suffered as a result of the incident.
Christian was employed by McLee’sTrucking Services Ltd as a stevedore and assigned to work at the Port Dock on Cayman Brac.
According to court documents, on 1st July 2020, at approximately 11:20 am, Christian was working at the port dock loading containers onto a barge. He and a colleague were standing on top of two stacked shipping containers that were being prepared to be loaded onto the barge. They had hooked up two of the four hooks that are used by a crane to lift the containers and were about to hook up the other two when the crane operator started to lift the containers. With only one side hooked up, the containers tilted to the side, causing Christian to lose his balance.
He attempted to grab onto the cable/hook but was unable to hold on and fell to the cement dock approximately 16 feet below. His colleague also fell to the ground.
Christian was taken by ambulance to Faith Hospital, where he underwent x-rays of the left foot, ankle and cervical spine and was assessed as having suffered a comminuted calcaneus fracture of his left foot. He was provided with a fracture boot, crutches, and medication and advised to elevate the limb and apply a cold compress.
He was discharged with a sick note for one month and advised to return to undergo a CT scan. He traveled to Grand Cayman on 9 July 2020 to undergo a CT scan and be assessed by an orthopedic surgeon. The CT scan revealed a Saunders IV calcaneus fracture with bony fragments and a distal tibia fracture. A decision was made not to operate due to the high complication risk.
He was advised to keep the leg elevated and to obtain a long below-knee fracture boot. He remained under the care of the orthopedic department and was referred for physiotherapy to assist with his back pain and mobilization of the ankle, foot, and knee. Christian continues to suffer pain in his ankle and has been advised he now has arthritis.
The lawsuit filed says Christian's injuries were caused by the negligence of the Port Authority, their employees, or agents acting in the course of their employment. The Port Authority is accused of failing to ensure the health, safety, and welfare of Christian; failing to take any or any reasonable care to ensure he would be reasonably safe in using the work premises; failing to operate safe systems of work; failing to provide any or any adequate training to their employees; failing to ensure that all machinery used was operated in a safe manner; and failing to ensure that employees were suitably qualified.
According to the writ of summons, compensation will be sought by way of a Schedule of Loss, including but not limited to claims for loss of earnings, cost of medical treatment, and gratuitous care.
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