Event and Time
Event Description
- The appellant, Mr. Meechan, was injured while working at a construction site in 2014.
- He was injured when the boom of an excavator owned by the respondent company, Savco, unexpectedly swung towards him, knocking him from a truck.
Application and Claims
- Mr. Meechan claimed damages against Savco for negligence, asserting that Savco was negligent in permitting an inexperienced operator, Mr. Harris, to operate the excavator.
- The claim did not seek vicarious liability for Mr. Harris's negligence.
Judicial Decisions
- The trial judge found Savco negligent but determined its negligence was not the cause of Mr. Meechan's injury, attributing the accident to Mr. Meechan's own actions.
- The trial judge assessed general damages at $10,000 and ruled that Mr. Meechan was 80% responsible for his injuries.
Dispute Points and Legal Basis
Dispute Points
- Appellant's Argument:
- Savco was negligent for allowing Mr. Harris to operate the excavator without verification of his qualifications and experience. - The negligence created a foreseeable risk leading to his injuries.
- Respondent's Argument:
- Savco contended that it was not negligent since Mr. Harris had claimed competence to operate the excavator. - They argued that even if Savco was negligent, Mr. Meechan’s actions caused the injury.
- Third-Party Evidence:
- Evidence from Savco employees about company policy not to allow outside operators but conflicting testimony regarding the specific authorization.