D v. M (Unrep) – 30.04.2018
Marcus Grant, instructed by Phillip Cohen of Brian Barr Solicitors, represented a 36-year-old property developer who sustained a significant crush injury to his non-dominant hand when an anti roll bar on an excavator hired by his sub-contractor from a hire company rotated 180 degrees unexpectedly. The manufacturer had designed the roll bar to be held in place by a lynch pin held in place with an ‘R clip’.
Over the years these had been lost and were replaced by the hire company with nuts and bolts. The vibration of the use of the excavator had caused the nuts to work their way loose and the bolts to fall out, such that the roll bar was only held in place by gravity, until the Claimant placed his hand on it.
A claim was brought solely in negligence against the hire company. Liability was denied. The damages claim was complicated because it involved a forensic accounting review of the impact of the injury on his ability to optimize the profitability of maintaining his property portfolio.
The case settled through negotiation.