Lm65,000 damages after Qawra fatality

Two companies were yesterday ordered by Mr Justice Giannino Caruana Demajo in the First Hall of the Civil Court to pay Lm65,000 damages between them to the heirs of a man who died in an accident in 1998.

The writ was filed by the heirs of the late Edmond McKenna against Edrichton Services Ltd and Clover Holdings Ltd.

They claimed that McKenna had died while running the Lounge Bar and Restaurant at Clover Holiday Complex, Qawra, when an aluminium balustrade had collapsed. The complex was run by the two companies, which had leased the bar and restaurant to McKenna.

The court heard that the accident had occurred when McKenna was leaning over the balustrade to assist one of his employees in handling a plastic table. The balustrade could not cope with this, and had given way. McKenna had fallen over and landed on his head, dying a few hours later as a result of the injuries sustained.

The court noted in its judgment that some time before McKenna's death a tourist had leaned on the same balustrade and had felt it give way. The tourist had informed the companies' employees and repairs had been made. Although the companies claimed they had no record of this first accident, the court declared that it felt that the heirs' version was more credible and that the first accident had indeed occurred.

The court concluded that the companies were liable for the accident in which McKenna had died. In liquidating the damages, it took into consideration the fact that the deceased was 48 years old at the time of death. Damages were set at Lm65,000 which both companies were ordered to pay jointly to the heirs.