The Court of Appeal has ruled that a failure by a litigant in person to include his Particulars of...
A man who tripped on a raised paving slab on his way home from work has won £7,000 in compensation.
The 46-year-old man had got out of his car and was walking along the pavement to his house when he tripped on the uneven surface. He was unable to keep his balance and fell onto his knees.
After being helped up by passers-by, he returned home in great pain. When he attended the accident and emergency department at his local hospital, it was discovered that he had cracked a bone in his left ankle. He was given crutches but remained in constant pain. He had to return to hospital and underwent surgery for torn and ruptured muscles. Following the operation, he was encased in plaster from his hip down to his ankle.
The man’s injuries were of such severity that he was absent from work for five months. He continued to be paid a salary but was unable to earn commissions, which were a significant part of his total remuneration. Even after his return, he had to work fewer hours and was unable to drive.
He also has a 12-inch scar on his leg where 28 staples were inserted as part of his treatment.
The man, who had reported the accident immediately after it happened, brought a claim against the local council. The council initially argued that it had taken reasonable steps to maintain the pavement in a safe condition, although evidence was obtained which contradicted this. The case was eventually settled shortly before it was due to come to court.