D v. B 26.04.21
A 68-year-old man recovered £600,000 in respect of injuries sustained in an unusual accident.
On his case, he was assisting one of his employer’s drivers by acting as his banksman in a tipping operation at an industrial waste site, when the rear door on a tipper lorry swung as the trailer elevated, striking him on the back of his head and upper back, rendering him unconscious.
B denied the claim on the basis that D was not an employee, but a trespasser on the site, putting him to proof that the accident occurred as he alleged and asserting that he likely sustained injury from falling, denying that the trailer rear door hit him.
D was able to point to a recording of a 999 call by the lorry driver providing a description of the accident that matched D’s version of events.
D sustained a fracture to the C2 laminae bilaterally, a mTBI with a subarachnoid haemorrhage and psychological injury.
At the time of the accident D was a cancer survivor and reasonably frail. After the accident he became frailer and lacked capacity to litigate.
Directions were given to try liability as a preliminary issue and the above offer emanated from ADR for the liability issues. It was approved subsequently by Matthew Gullick QC, sitting as a Judge of the High Court.