£8,000 awarded after petrol station accident
The claimant was awarded damages of £8,000 for pain, suffering and loss of amenity when she slipped on a garage forecourt.
The female claimant was suffered an accident at a petrol station when walking along the forecourt of a garage belonging to the defendant. She was aged 80 years old at the time of the accident.
Details of injury
After visiting the hospital the claimant was diagnosed with a wedge compression fracture to her vertebra. This meant a reduction in the height of her vertebra of forty to fifty percent. The claimant also suffered with soft tissue damage to her abdomen which caused a pseudo obstruction to her bowel. She was admitted to hospital for three weeks where she received the necessary treatment.
Once the claimant's spinal movement had improved and her range of movement increased she was dis-charged from the out-patient department.
The claimant was examined two and a half years after the accident where it was noted that she was suffering with constant pain. The claimant's level of movement and activity had never returned to that which she experienced before the accident occurred. Her ability to stand and cook full meals was impaired and she struggled to sit comfortably for any length of time.
Medical evidence was obtained which suggested that the pain the claimant was suffering with was related to the vertebral fracture. There had been some suggestion that two pre-accident instances of back pain were a factor here but this was dismissed by the medical expert. They also advised that the levels of pain would not improve nor would the restricted movement that she was experiencing.
Conclusion and Settlement
Despite negotiations a settlement could not be agreed between the claimant and defendant. The claim went to trial and the claimant was awarded £8,000 in damages for pain, suffering and loss of amenity. When making his decision the Judge took into account how severe the initial injury had been and the impact that this had on the claimant with particular regard to her age.