BERRY v. STONE MANGANESE & MARINE LTD.

[1972] 1 Lloyd's Rep. 182

QUEEN'S BENCH DIVISION

Before Mr. Justice Ashworth

Negligence - Employer's liability - Excessive noise in workshop - Deafness caused to workman - Ear plugs provided for protection of workmen - Whether employers should have provided ear muffs - Whether employers under duty to take steps to persuade workmen to use muffs - Effect of workman's failure to wear muffs. Damages - Personal injuries - Deafness - Part of claim statute-barred - Calculation of damages. Limitation - Personal injuries - Workman engaged in chipping shop - Deafened by noise - Whether workman ought to have taken advice at earlier date - Sect. 7 (3), (4) and (5) of Limitation Act, 1963 - Whether workman had knowledge of material facts of a decisive character - Sect. 1 (3) of Limitation Act, 1963, [as amended by sect. 1 (1) (a) of the Law Reform (Miscellaneous Provisions) Act, 1971] - Calculation of award.