Kassem v Crossley

The appeal concerned a worker's claim for common law damages for a back injury sustained at work. The appellant, the employer, challenged the primary judge's findings on both liability and the quantum of damages awarded to the respondent, the employee. The primary judge had found the employer negligent for failing to provide a safe system of work, specifically in relation to the lifting and carrying of frames, which he determined caused the respondent's back symptoms. The primary judge also found the injury to be a "serious injury" and awarded significant sums for economic and non-economic loss.

The appellant argued that the primary judge erred in law by failing to give adequate reasons for accepting the respondent's evidence over contrary evidence, and for finding an unsafe system of work. Further grounds of appeal related to the application of expert evidence, the determination of the injury's seriousness, and the assessment of damages, which the appellant contended were excessive and not supported by the evidence. The appellant specifically challenged the primary judge's method of calculating economic loss and the global sum awarded for future loss of earning capacity.

The appellate court allowed the appeal, setting aside the verdict and judgment of the primary judge. In lieu thereof, a verdict and judgment were entered for the appellant. The court ordered that the respondent pay the appellant's costs of the proceedings and the appeal, with the respondent to have a certificate under the Suitors Fund Act if otherwise entitled.