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Total Damages: £8,210
Trial/settlement date: 6/4/2006
Judge: DJ Plaskow, Brentford County Court
PSLA: £8,000 (Fractured wrist)
Age at trial: 52
Age at injury: 48
Sex: Male
The claimant, a 52-year-old man, was awarded £8,210 for the wrist injury
sustained after tripping over a defective paving stone in November 2001.
The claimant fractured his scaphoid bone and suffered from a reduction in
grip strength in his right wrist.
Claimant: Male: 48 years old at date of accident; 52 years old at date of
Award.
Highway's Authority Negligence: On November 18, 2001, the claimant (C)
tripped and fell over a defective paving stone in the pavement maintained
by the defendant local authority (D).
C sustained injury and brought an action against D under the Highways Act
1980 s.41 and in negligence alleging that it had failed to maintain an
adequate system of inspection and repair.
Liability disputed. At trial, D accepted in evidence that if the defect
had been noticed on inspection it would have been classified as a category
one defect requiring immediate attention. The court held that (i) the
defect, which was held to have a minimum difference in level of between
three-quarters of an inch and one-and-a-quarter inches, was dangerous;
(ii) D had failed to prove the required level of care to invoke the
defence under s.58 of the 1980 Act since D was unable to prove, on the
balance of probabilities, that its policy of carrying out six-monthly
inspections was adequate or that the inspections scheduled to take place
in June 2001 or January 2002 had been carried out.
Injuries: C fractured his right scaphoid bone in the accident.
Effects: C's wrist was initially immobilised with a plaster cast and a
sling. He required physiotherapy and occasionally used a wrist brace. C's
ability to grip items in his right hand was significantly reduced and he
suffered from sharp pain radiating from his wrist to his thumb
approximately once a week.
C's injury accelerated pre-existing degenerative changes by between 10 to
15 years.
Prognosis: C's symptoms would continue indefinitely.
Court Award: £8,210 total damages (inclusive of interest)
Breakdown of General Damages: Pain, suffering and loss of amenity (PSLA):
£8,000; Interest on PSLA: £160.
Breakdown of Special Damages: Agreed sum for past travel expenses and care
and assistance: £50.
Heidi Knight instructed by Dale & Newbery for the Defendant.
Reported at Lawtel PI 21/4/2006 Document No. AM0200952
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