Justice Vincent Meerabux has split the blame between a building worker who sued his boss and life-long friend for negligence after he fell and crippled himself.

Carpenter Rennard Russell, 63, slipped from a pipe while crossing a gap between the Flying Chef job site on North Street to his apartment while trying to fetch tools in 1992.

On Wednesday, Justice Meerabux ruled that boss Headley Stephenson had tacitly acquiesced in allowing workers to cross and had not provided a safe means to get to work.

He also said Russell's actions had been foolhardy.

Justice Meerabux said: "In the circumstances I rule that the plaintiff is contributorily negligent. Accordingly it is just and equitable that I attribute 65 percent of the liability for the accident to him."

Mr. Stephenson's lawyer, Christian Luthi said: "We are considering our options."

Mr. Russell's lawyer Juliana Jack, said Mr. Russell was gratified by the judgment after waiting nine years for the case to be heard.

She blamed the delay on Mr. Russell's previous lawyers and on the Health and Safety Office.

She said: "That office made two brief visits to the site in 1992, concluded there were no breaches of the health and safety regulations (a conclusion which they admitted reaching before even interviewing Mr Russell) and then washed its hands of the matter."

Justice Meerabux concluded that Health and Safety Officer Ms. Foley-Millett who conducted the investigation was not a credible witness.