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Engineer is set to receive damages.


A marine engineer seriously injured in an accident at a Middlesbrough jetty could receive massive compensation after a ruling by top judges.

George Ziemniak, 49, then an employee of Middlesbrough company ETPM ETPM Entrepose GTM Pour les Travaux Petroliers et Maritimes (French oil and gas industry installation contractor, now Stolt Offshore)  Deep Sea Ltd, was taking part in a life-saving drill at the Teesport Offshore Base in November 1997 when the incident happened.

A team was testing the launching and recovery of lifeboats on board a merchant vessel moored alongside the base's jetty.

But a boat plunged into the sea after a chain link failed and the dad-of-two was thrown into the water along with others.

Mr Zemniak, of Skipton, North Yorkshire, suffered serious head and facial injuries facial injuries,
n.pl trauma to the face and its associated structures, most frequently from traffic accidents, contact sports, and domestic conflicts.
 which have blighted his life.

His solicitor Neil Sugarman said he had volunteered to take part in the testing procedure and as a result of the accident "had been through hell for several years".

Mr Zemniak sued the company at the time, but had his damages claim dismissed by a Manchester County Court judge in May last year.

But the decision has been reversed by judges sitting at London's Appeal Court.

The marine engineer is now set to receive compensation for his injuries.

Lord Justice Kay said ETPM had rightly been cleared of negligence over the accident, probably caused by stress corrosion which the company could not have been expected to foresee.

But he ruled the company was still liable to compensate Mr Ziemniak under the terms of a regulation which puts an "absolute" duty on employers relating to life-saving equipment.

If final settlement terms are not agreed in the meantime Adv. 1. in the meantime - during the intervening time; "meanwhile I will not think about the problem"; "meantime he was attentive to his other interests"; "in the meantime the police were notified"
meantime, meanwhile
, the amount of Mr Ziemniak's damages will have to be assessed at another court hearing.

Mr Sugarman, of GLP See gateway location protocol.  & Co, said: "We are absolutely delighted that justice has now finally been done."
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Publication:Evening Gazette (Middlesbrough, England)
Date:May 9, 2003
Words:292
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