Fentons settles accident at work claim for £130,000

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Fentons settles accident at work claim for £130,000

23rd January 2008

Fentons client Mr Richard Dunford suffered personal injury, loss and damage arising out of an accident on the 7th October 2002.

The client was employed by the Defendant as a mobile crane operator. The client had manoeuvred the mobile crane he was driving towards the diesel storage tank at the Defendants premises in order to refuel. The cap of the crane's fuel tank was at a high level, approximately 6 feet from the ground, and in order to reach it the client had to use a fold down aluminium ladder, which was fixed to the side of the crane. At the point where the ladder was fixed to the crane there were hinges to allow the ladder to fold down to the ground.

The client unfolded the ladder and began to climb. As he reached the level of the fuel cap, the hinges broke causing the ladder and the client to fall heavily to the ground.

Admitted in full by DIN on 15/01/2003.

Structural damage to the client's left ankle and foot.

Partial collapse of the longitudinal medial arch. Structural damage to the subtalar joint (involving both bone and ligaments) which stabilise the heel and mid-tarsal joints. The joints of the hind part of the foot were disturbed.

Medical Evidence was obtained from:

1. Mr M Laurence, Consultant Orthopaedic Surgeon.
2. Mr S Costain, Podiatric Surgeon.

Mr Laurence was of the opinion that the client's symptoms would persist at more or less the same level on a permanent basis. He identified a 25% risk that the client would require arthrodesis of the hind part of the left foot within the next 5 years - up until the client's age of retirement.

An insole was recommended by Mr Laurence and Mr Costain to recreate the arch of the left foot. This would make the client more comfortable.

The client's continuing symptoms had a marked impact upon the client's mobility, resulting in the curtailment of his principle past times - sailing, motorcycles, trips in his narrow boat. Moreover, his ability to walk on uneven ground as part of his job was now restricted and was having a significant affect upon his earning capacity. The client was no longer able to work on certain jobs, work as long during the day or accept as much overtime.

Earnings from a comparator were used to substantiate the client's loss of earning capacity.

Philip Cooper a solicitor at Fentons Solicitors acted for the claimant.