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Shoulder & Foot Damage Case Study

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ANDREW CARR v TPLC (2015)

Out of Court Settlement 13th April 2015

The claimant, a 34-year-old man, received £3,000 for injuries to his arm, shoulder and right foot sustained in a highway tripping accident. The arm/shoulder injury resolved after two weeks and the soft tissue injury to the right foot resolved after six months.

Claimant: Male, 31 years old at the date of the accident, 34 years old at the date of settlement.

Highways, on 21st September 2012 the claimant (C) was walking along a public footpath when he tripped over an uneven manhole cover. C sustained an injury and brought an action against the defendant (D) alleging that it was negligent under the Highways Act 1980 to maintain the highway in a safe and proper condition.

Liability was denied until proceedings were issued. The defendant then conceded breach of statutory duty.

Injuries: C suffered soft tissue injuries to his arm/shoulder and foot.

Effects: soft tissue injury to the right arm and shoulder resolving after one to two weeks and a soft tissue injury to the right foot resolving after six months. C did not take any time off work following the accident. His sleep was disturbed for a period of four to six months post accident

Out of court settlement: £3,000 total damages

The claim was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant’s solicitors

Breakdown of general damages: pain, suffering and loss of amenity: £2,970

Miscellaneous special damages: £30

Body part: shoulder – arm – foot

Condition: soft tissue injury – arm – shoulder – foot

Published on 1st December 2015.