£109,600 awarded to claimant after a cellar fall
The claimant, a man who was 45 at the time of the injury and 51 at the date of the Court settlement, was employed as a manager of a public house. He fell heavily down the steps to the cellar in the pub and suffered a very serious fracture to his left ankle which needed surgery.
The claimant was taken to hospital and was kept in for 5 days. He had surgery to his ankle which was fixed with internal screws and a metal plate. His leg was in plaster for 2 months during which time he could only move about on crutches and not put any weight on his injured ankle.
He had suffered a 20 degree reduction in the range of movement of his ankle and could only walk slowly.
His job entailed a lot of standing which he found difficult and his ankle swelled towards the end of the working day. He had difficulty in continuing to carry out his duties as a public house manager and had to give up his job. He was unemployed for 3 and a half years after the accident.
It was alleged that the defendant was negligent insofar as they failed to properly maintain the stairs and so provide their employee with a safe place to work.
The claimant alleged that he had suffered her injury as a direct result of being employed by the defendant.
The medical expert's opinion was that the claimant would not be able to work past the age of 62 and that he had at least a 35% likelihood of developing osteoarthritis as a result of his injury.
Settlement and conclusion
The matter progressed to a Court hearing as the parties could not agree a settlement.
The Court awarded the claimant £109,600 made up of £18,000 for pain and suffering, £30,000 for past loss of earnings, £39,000 for future loss of earnings, £14,000 Smith v Manchester award, the remainder of the claim was for special damages.