00:00A workplace fall in May 2020 has resulted in a judgment against the state with the High Court finding that
00:06a former Ministry of Education employee was injured because of an unsafe and obstructed pathway at education towers.
00:14The claimant, Julia Jagrup-Ragu, was working as a District Early Childhood Care and Education Curriculum Program facilitator when the
00:23incident occurred.
00:24The woman had completed paperwork for a new employment contract and was returning to her desk when she tripped over
00:31a steelway spin.
00:32A trolley containing files was also in the pathway.
00:35She sustained a fracture and dislocation of her right elbow and other injuries affecting her arm and ulnar nerve.
00:43The attorney general representing the state admitted that the fall occurred but disputed that the workplace was unsafe.
00:50The defense argued that the bin was properly positioned and that the claimant did not pay sufficient attention to her
00:56surroundings.
00:57However, Justice Mohammed found that the evidence supported the claimant's account.
01:01In his judgment, the judge said the state breached its duty of care by allowing the bin and trolley to
01:06remain in or near the pathway, causing an unsafe passage.
01:11The court also found that the defense had failed to establish that Jagrup-Ragu contributed to her own injuries through
01:18negligence.
01:19The state further argued that the injuries might have resulted from chiropractic treatment she received after the fall rather than
01:26the incident itself.
01:28But the judge rejected that contention, accepting the evidence of an orthopedic surgeon that the fracture was consistent with the
01:35type of fall described by the claimant.
01:38The judgment accepted that she experienced considerable pain, required extensive periods of sick leave, and needed assistance with everyday activities,
01:46including bathing and household chores.
01:49The judge noted medical evidence showed improvement in her condition and declined an early assessment of 20% whole body
01:57impairment as an established, unchanged, permanent condition.
02:01The court awarded Jagrup-Ragu $200,000 in general damages and $66,487.50 in special damages.
02:11She was also awarded prejudgment interest, and the state must also pay her legal costs.
02:17The total award, including interest and cost, is approximately $345,282.
02:26Ravishita Wari, Rubnarai, TV6 News.
