died after falling into a cesspit three years ago, said he was not given any safety instructions regarding accidents which occur around sanitation work areas.

Owner of Highland Sanitation Services Mr. Charles Grant took the stand in the Supreme Court on Friday.

Mr. Grant's cousin Melbourne Grant died after he was exposed to a high concentration of hydrogen sulphide causing him to collapse into the cesspit and become unconscious.

He later regained consciousness after being rescued from the pit and taken to King Edward VII Memorial Hospital, where he died 11 days later.

He was trying to rescue his cousin Charles Grant, and another worker Mr.

Antoine Burgess, who had fallen into the highly toxic cesspit on the afternoon of August 13, 1991.

Antoine Burgess also died from the accident.

His wife Marcia, 35 is suing the Robin Hood Restaurant, and Robin Hood Enterprises for breach of statutory duty and Charles Grant for breach of statutory duty and negligence.

She is seeking damages on behalf of herself and her eight-year-old daughter.

On Thursday Mrs. Grant told the Court that she was not employed at the time of her husband's death and was still unemployed.

She receives monthly cheques amounting to $558 from the Government.

"My husband paid all the bills, and since his death I have received help from the Government,'' she said.

On Friday when questioned by his lawyer Mr. Richard Hector, Charles Grant said he had not received any instructions or advice from the Ministry of Health on safety practices dealing with accidents that occur when cleaning cesspits.

He also said that in the 20 years he had been in the sanitation business, he had never been involved in an accident that required any rescue treatment aside from August 1991.

A teary-eyed Charles Grant told the court that Melbourne Grant was his cousin but because they were so close he thought of him as a brother.

"Sometimes he (Melbourne) would come on the job with me to keep me company,'' Charles Grant said.

"We did a lot together and sometimes I would give him some money. I was always doing something for him, we grew up together in Jamaica.'' He added: "On August 13, Melbourne was the surface man when we were cleaning the pit at the restaurant.

"He stood on the surface of the cesspit at the Robin Hood pulling the bucket out of the pit and unloading it in the dump truck.

"He always said he would never go down the pit.'' Charles Grant also said that on the day of the accident, he noticed that 22 year-old Antoine Burgess, who was working in the pit, had become overwhelmed by the fumes in the tank.

"I went into the pit and grabbed Antoine by the waist and I told Melbourne to throw me the rope and then I passed out,'' he said.

Charles Grant added that he had never seen a cesspit that had so much build up as that of Robin Hood.

He told the court that he paid for Melbourne Grant's body to be flown back to Jamaica for burial and also paid for his wife and daughter to go for the funeral. In cross examination Mrs. Grant's lawyer Mr. Darcy Lord asked Charles Grant why he never made an application for a work permit for Melbourne Grant since he often worked with him.

"I never applied for a work permit for him. He was my friend, my brother,'' Charles Grant said.

Mr. Lord added: "As an employer, do you think it was your duty to learn the proper procedure and be aware of the law as it applied to your business.

Charles Grant replied: "The Heath and Safety department should provide us with the proper guidelines for safety.'' The case which is being heard before Puisne Judge the Hon. Justice Meerabux was adjourned until a later date for submissions from the lawyers.