Caption: Justice Robin Mohammed
In Brief
- Massive Payout: High Court Justice Robin Mohammed has ordered the State to pay over $345,000 in damages, interest, and costs to a former Ministry of Education worker.
- The Incident: In May 2020, Julia Jagrup-Raghoo tripped over a steel garbage bin in an obstructed pathway at the Education Towers in Port of Spain just after signing a new employment contract.
- Permanent Injuries: The fall caused a fractured and dislocated right elbow and nerve damage, resulting in over 230 days of sick leave and a permanent 20 per cent whole-body impairment.
- Failed Defence: The State argued that Jagrup-Raghoo was inattentive, but its defence collapsed after two key Ministry witnesses failed to appear in court to give evidence.
- The Ruling: Justice Mohammed ruled that the Ministry breached its duty of care, stating that employers must keep ordinary hazards out of an employee’s path, as a momentary lapse in safety can alter a person’s life.
A former Ministry of Education worker who suffered a permanent injury after tripping over a steel garbage bin at the Education Towers has won her negligence lawsuit against the State, securing over $345,000 in damages, interest and costs.
In a judgment delivered on Saturday, High Court Judge Justice Robin Mohammed ruled in favour of Julia Jagrup-Raghoo, a former District Early Childhood Care and Education (ECCE) Curriculum Programme Facilitator.
Justice Mohammed noted in his ruling that while employers cannot guarantee a completely risk-free workplace, they must take reasonable care to keep ordinary hazards out of an employee’s path.
He said, “When an employer fails in that duty, the consequences borne by the employee can be severe, permanent, and entirely disproportionate to the smallness of the thing left undone.”
The incident occurred on the morning of May 1, 2020.
Jagrup-Raghoo had just visited the ECCE Division on Level 5 of the Education Towers in Port of Spain to sign a new six-month employment contract. After delivering a document to another floor, she was walking back to her desk when she tripped over a steel waste paper bin left in a pathway. The walkway had been further narrowed by a trolley containing files.
The fall resulted in a fractured and dislocated right elbow, along with injuries to her shoulder, wrist, and ulnar nerve. Following the incident, Jagrup-Raghoo required a cast, extensive physiotherapy, and was granted over 230 days of sick leave.
Medical assessments later concluded that she suffered a 20 per cent permanent whole-body impairment, leaving her struggling with daily household tasks and unable to enjoy pastimes like gardening.
The State, represented by the Attorney General, admitted the fall occurred but denied breaching its duty of care. The defence argued that the bin was safely positioned, blamed the claimant’s own inattention for the fall, and even suggested her injuries might have been caused by subsequent chiropractic treatment rather than the fall itself.
However, the State’s case suffered a blow when two key witnesses—the Health, Safety and Environment Coordinator and a Human Resource Officer—failed to attend the virtual trial to give evidence, despite a court order summoning them.
Justice Mohammed found the State liable for negligence, ruling that the Ministry of Education failed to provide a safe place of work by leaving the pathway obstructed.
The Court ordered the State to pay Jagrup-Raghoo the following sums:
| Description | Amount (TTD) |
|---|---|
| General Damages | $200,000.00 |
| Special Damages | $66,487.50 |
| Pre-judgment Interest (General Damages) | $21,410.95 |
| Pre-judgment Interest (Special Damages) | $6,448.37 |
| Prescribed Costs | $50,934.68 |
| Total Award | $345,281.50 |
Jagrup-Raghoo was represented by attorneys Prakash Ramadhar and Vishan Girwar, instructed by Raesa Mohammed. The State was represented by Jayanti Teeluckdharry and Avion Romain, instructed by Anala Mohan and Fazana Ali.
