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Court of Appeal dismisses appeal of High Court ruling that plaintiff, who was catastrophically injured in the course of his employment as a clamper after he was assaulted, is entitled to have his case heard by a judge and jury in circumstances where the plaintiff has already obtained judgment in default of appearance against the first defendant and awaits only an assessment of damages, on the grounds that the two causes of action, against both the perpetrator of the assault and his employer, are inextricably connected.
Personal injuries – damages – catastrophic injury sustained while placing a clamp on defendant’s vehicle in the course of his employment – assault and trespass – whether, in circumstances where the plaintiff has already obtained judgment in default of appearance against the first defendant and awaits only an assessment of damages against him, he retains his right to have those damages assessed by a jury – s. 1(1)(b) of the Courts Act, 1988 – O. 36, r.7 RSC – trial judge was correct to refuse the second defendant’s motion to set aside notice of trial seeking a trial before a judge and jury – appeal dismissed.
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