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News | Mon 2nd Nov, 2020
The Claimant, aged 41, was a delivery driver. The Claimant was delivering large stone slabs weighing about 350kg using a flatbed truck fitted with an A-frame upon which the slabs were loaded for delivery.
The Claimant proceeded to remove the straps which held the slabs to the A-frame for transportation. Having removed the straps, whilst he was still on the bed of the truck and in the shadow of the slabs, a fork lift truck driver proceeded to lift one of the slabs. As no equipment had been provided by his employers to secure the slabs during the unloading process, the slab fell from the lifting mechanism and hit the Claimant. The force of the falling stone was such that the Claimant was pushed off the side of the bed of the truck and to the ground, where he was crushed by the falling slab of stone. A second slab of stone also fell onto the Claimant.
The Claimant suffered severe crush injury to right (dominant) arm resulting in open comminuted fracture of the right distal humerus with extensive disruption of the brachial artery and baisilca vein. He later had his arm amputated above elbow when artery grafting failed. He also suffered right tibial plateau fracture and PTSD.
Liability was admitted by his employers shortly before the expiry of the limitation period. The claim was settled for just over £2.625mn.
Gaurang Naik was instructed by Claire McDade of M&K Solicitors.