The claimants details have been changed but this is indeed a true case
Phil Mulryne acted for Miss H to pursue a claim for personal injuries following an accident which occurred during the course of her employment.
At the time of the accident Miss H was undertaking waitressing work, employed through an agency, and was working at local business premises.
As Miss H entered the kitchen area she slipped on water, which was spilt from a nearby sink. This caused her to fall and sustain an injury to her left ankle.
There was no ‘wet floor’ sign in position. Negligence was accepted by the company, although it was argued that Miss H’s damages should be reduced by 20% to represent her contributory negligence. Subsequently agreement was reached with damages to be paid on a 100% basis to Miss H.
Miss H was diagnosed with a fracture of the left fibula with some dislocation to the ankle. The dislocation was replaced under anaesthetic and the fracture was secured with a metal plate and screws.
Miss H was in plaster for a period of 3 months. Subsequently further surgery was undertaken to remove the screws.
Miss H made a steady recovery, although it was anticipated that she would continue to have some minor ongoing pain and discomfort which would in all likelihood be permanent.
Miss H was off work for a period of 6 months and when she returned to work this was in an office job because of the disability to her ankle.
Full details of Miss H’s claim were put to the Defendant’s insurance company but no settlement proposals were put forward. As a consequence court proceedings were commenced.
Subsequently settlement proposals were put forward which covered Miss H’s loss of earnings and represented payment for personal injury damages of £7,500.
The offer was rejected and further negotiation between the parties resulted in settlement being reached on the basis of payment of £8,500 for personal injury damages plus loss of earnings and other expenses.
