RP Technical Services sues McNicholas Construction and JSM Construction for contribution to damages payable to man who was injured on site

Three construction companies are locked in battle in a row over a seriously injured worker.

RP Technical Services is suing McNicholas Construction Services and JSM Construction in a bid for a contribution towards any damages it may have to pay the injured man.

Patrick Casey’s leg was seriously damaged during tests on underground pipework seven years ago, when an expanding bung was forced back out of pipework at great speed, hitting his limb.

The accident happened on January 30 2001, on the Hook to Bottesford section of the TyCom project, shortly after RP Technical’s proprietor Ron Peters had been ordered off site by JSM Construction, according to a High Court writ.

RP Technical says that by dismissing Mr Peters from the site, while keeping and directing its workforce, McNicholas and JSM assumed responsibility for devising and implementing a safe system for work for RP Technical’s staff, including Mr Casey, the writ claims.

RP Technical brands the two construction companies negligent, and says they failed to ensure the equipment was constructed to make it suitable for its use, used equipment for an unsuitable purpose, and failed to carry out a suitable risk assessment.

They failed to warn Mr Casey of the dangers of working with the testing equipment, failed to give him a safe system of work, or protective clothing, and allowed the equipment to be used in a dangerous condition, the writ alleges.

RP Technical, of 14 St James Close, Rushton, Northamptonshire, says the accident was caused by the two companies’ breach of duty, and should contribute towards the compensation payable to him by RP Technical.

Now RP Technical is suing McNicholas and JSM for damages for breach of duty, and a contribution towards the damage payable to Mr Casey for his injuries in the accident.