However, I would not accept DMG’s submission that it is “completely speculative” as to who the

“other worker” was. This submission was to the effect that since the evidence

established that all 13 people on the site were capable of and sometimes were

involved in moving pipes, it could not be determined whether the man at the

other end of the pipe on 26 April 2018 was an employee of DMG or of Civic, this

being an issue where the plaintiff bore the onus. Merely as a matter of

statistics, there is a good chance that it was one of the eight employees, as

opposed to one of the four workers supplied by Civic. Further, the Day Sheet

identifies the activities undertaken by each person. Mr Bartlett and three DMG

employees are described as “P” (ie “pumping”), while all four Civic men,

together with five other DMG employees, are described as “C” (ie “concreting”).

The evidence was that there are separate roles for placing the pipes for a

concrete pour, as opposed to smoothing the poured concrete.