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Case studies


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£240,000

Bus engineer suffered serious permanent injury when his leg was run over.

The Claimant, an engineer working for Go-Ahead London Transport, had his tibia and fibula broken when a bus driver reversed over his leg whilst he was repairing the bus. The individual was left with permanent mobility problems and was unable to return to work as an engineer but the medical experts deemed him fit enough to carry out sedentary work. Much of the Claimant’s claim for compensation comprised of the earnings he lost as a result of being unable to return to work along with care he required from his wife in respect of daily chores, many of which he could no longer do.

– Matthew Trusch



£45,000

Claimant injured as a result of a collapsing table in the work place.

I represented the Claimant who was employed as a chef. He was working in a kitchen when a table holding kitchen machinery collapsed onto the Claimant forcing him into holding the table steady to avoid further injury of the machinery falling on top of him. Another member of staff rescued him.

Liability was admitted by the Defendant due to the unsafe place of work and unsafe equipment provided to the Claimant, but causation and quantum remained in dispute. Proceedings were therefore issued. The Claimant suffered physical and psychological injuries and various medical investigations were required to ensure that all aspects of the injuries were dealt with appropriately.

The case settled prior to the listings appointment by way of a Part 36 offer made by the Defendant.

The claim settled for £45,000.00 and consisted of compensation for injuries sustained, past treatment, loss of earnings, travelling expenses and care and assistance.

– Suzanne Mason



£35,000

Claimant injured due to defect on a communal pathway in the external grounds of her flat complex. File rejected by Claimants previous solicitors following negative advice shortly before limitation and settlement achieved after commencement of proceedings.

I represented this retired Claimant in a claim against her Landlord. The Claimant tripped on a protruding paving slab on a communal pathway when leaving her flat suffering injuries to her knees and a fractured wrist   The Claimant did not have accurate measurements of the defect and the Claimant rarely used this pathway and had not noted or reported the defect previously. The Claimant’s came to us, shortly before limitation, after her existing solicitors had received negative advice from Counsel on the basis of the absence of any prior report to the landlord and given the absence of accurate measurements of the defect.  The Claimant was clearly suffering significant symptoms.

Review of the Claimant’s tenancy agreement which showed an obligation to keep the pathway in good repair which was not qualified by the obligation to report any defects (although there was such an obligation elsewhere in the Tenancy).  I argued that, on Land law principles, the pathway was in disrepair and the Landlord was in breach of a warranty and accordingly it was not necessary to prove prior knowledge of the defect to the landlord.

 

Medical evidence was obtained from a Professor of wrist surgery who confirmed the Claimant would suffer long term symptoms from her wrist injury. An orthopaedic expert confirmed that the Claimant had suffered an acceleration of pre-existing arthritis in the knees by 12 months.

 

Proceedings were issued and the matter settled shortly before a Case Management Hearing for the sum of £35,000 representing compensation for the injury, past and future care and anticipated future treatment costs.

 

The case demonstrates the importance of keeping abreast of other areas of law as the claim may well have failed if assessed and pursued on purely personal injury grounds

– Carl Davies



£29,006

Claimants seriously injured at awards ceremony at Blackpool Tower Ballroom secure compensation despite long fight over fault

I represented two Claimants who slipped on foil confetti at Blackpool Tower Ballroom at a business event, both of whom suffered nasty injuries, namely, a fractured jaw and a fractured elbow. The occupier of the Ballroom and the organiser of the event were pursued with both denying liability on the basis that the accident didn’t happen because no accident report form was completed and it was alleged that there was a system in place for clearing the confetti.

Multiple witness statements were gathered to support the fact the accident happened and that one of the Claimants was taken straight to hospital, hence she didn’t report it. These statements also provided evidence as to how and where the individuals fell and the lack of care on the part of the staff who failed to properly clear the confetti.

The claims settled close to Trial for £29,000 and consisted of compensation for the injuries suffered, care provided and treatment costs.


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