Feedback 2006
Set out below is a small selection of some of the feedback received during 2006.
Ann Jones was out shopping early one morning in Birmingham city centre.
While walking along, she suddenly slipped and fell on some pea-sized pieces of gravel and building debris on the pavement. As a result she suffered serious injuries.
Beside where she fell, there was a large department store, where renovation works were in progress.
A claim was made against the main contractors of the renovation works. They denied liability and blamed a firm of subcontractors, who had been erecting a large illuminated sign on site.
Accordingly a further claim was made against the subcontractors. The latter then produced signed witness statements to prove that their workers had not been on site at the time of the accident.
The main contractors continued to deny liability strenuously. Their insurers produced all manner of statements and documents, seeking to prove that their system of working was perfectly safe. They maintained that if building debris was present on the pavement, it could not possibly have been caused by them.
With no further progress likely, county court proceedings were issued.
The opposing solicitors then tried to prove that the accident had taken place at a nearby hotel, rather than outside the renovation site. To counter this, we obtained a statement from the hotel confirming that no accident had been reported there on the day in question.
Finally, shortly after trial bundles had been lodged at court, the opponents agreed suitable settlement terms and Mrs Jones received her just compensation.
To read Mrs Jones' feedback, please click here
Trevor Crowley was operating a machine tool at a factory in Birmingham.
As he did so, part of the job that he was cutting was ejected at high speed from the machine, striking him and causing his injuries.
A legal claim was made against the employers, on the grounds that the machine was inadequately guarded.
The opposing insurers admitted primary liability. However they alleged contributory negligence, on the grounds that Mr Crowley had been operating the machine at the wrong speed, and this was the main reason for the accident.
We then obtained photographic evidence, proving that the speed control markings on the machine were old, faded and illegible. Faced with this evidence, the insurers backed down and admitted 100% liability.
Medical evidence and a calculation of financial losses were served on the opposing insurers. After that an out of court settlement was negotiated.
To read Mr Crowley's feedback, please click here
Katerina Beranova was working as a waitress in a restaurant in Finchley Road, North London.
The system of work at the restaurant was that the kitchen staff would hand the food order to the waiters and waitresses, who would then serve the customers sitting at their tables.
However one evening there was a shortage of staff. Accordingly Ms Beranova had to collect the deserts herself. While opening a refrigerator for this purpose, one of the hinges came loose. This caused the door to strike her on the forehead.
As a result she suffered a laceration.
A personal injury claim was made against the restaurant chain.
The restaurant employed many transient staff, most of whom did not speak English. For this reason it was not possible to obtain supporting witness evidence. Nevertheless liability was admitted at an early stage.
A medical report was obtained, leading to constructive settlement negotiations. The personal injury claim was brought to a successful conclusion without court proceedings needing to be issued.
To read Ms Beranova's feedback, please click here
Shahzad Manzoor was driving his car along the North Circular Road in London. His wife was in the car with him.
Ahead was a line of stationary traffic. He slowed down in good time, but shortly afterwards his car was struck from behind by an airport shuttle coach. The driver of the coach had not been paying attention to the traffic ahead of him.
The client and his wife both suffered whiplash injuries.
As a result he instructed this firm to make a personal injury claim on his behalf.
A claim was started, and the matter was referred to the coach firm's insurers. After constructive negotiations, compensation was obtained for his injuries and financial losses.
To read Mr Manzoor's feedback, please click here
Boris Kremer, UK personal injury lawyer
