Circumstances of claim

We represented the interests of a hotel manager in the Highlands after he suffered a fractured ankle whilst working on shift. On the index day, our client was co-ordinating a delivery when the delivery driver asked if he could assist in unloading the goods from the back of a lorry.

In the process of helping, our client shouted stop as he was leaving the back of the lorry. The delivery driver continued to push and despite our client’s efforts to alert him, he was pushed off the back of the lorry. As a result, he suffered an ankle fracture that required treatment at a local hospital.

How we helped our client

Upon intimation of the claim, we received no response from the haulage company who had delivered the goods. The haulage company was vicariously liable for the acts of their delivery driver. The delivery driver ought to have observed our client’s pleas to stop and as a result of his failure to do so, resulted in our client’s injury.

On the back of no response, we were quick to raise a court action which was defended by the haulage company. We were able to have our client examined by a Consultant Orthopaedic Surgeon who provided an expert report on his injuries.

Settlement

Shortly after disclosing the report, the third-party solicitor acting for the haulage company sent forward a four-figure sum which was duly accepted by our client.

Through our pragmatic approach in raising the court action, we were able to ensure that our client’s claim progressed in a timely manner. This was despite no response during the pre-litigation stage from the third-party haulage company.