Smith v Tesco Plc & Ors [2016] EWHC 3252 (QB) (16 December 2016)

Smith v Tesco Plc & Ors [2016] EWHC 3252 (QB) (16 December 2016)

The court found, on the balance of probabilities, that the claimant did sustain the accident as alleged and that the accident caused or materially contributed to the development of cauda equina syndrome. The claimant was not suffering from red flag symptoms prior to the accident, and the expert evidence supporting causation was preferred.

Citation
[2016] EWHC 3252
Parties
Claimant: Julian Smith; Defendant: Tesco plc; Defendant: Royal Free London NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Personal Injury / Trial of Preliminary Issues
Outcome
Preliminary issues determined in favour of the claimant
Legal Topics
Employer's Liability, Causation, Workplace Accident, Medical Negligence (not Determined)
Tort Law Personal Injury Employer's Liability Causation Workplace Accident Medical Negligence (not Determined)

Case Brief

Summary, issues, holding and outcome

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Parties

Julian Smith

Claimant

Tesco plc

Defendant

Royal Free London NHS Foundation Trust

Defendant

Procedural Posture

Personal Injury / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the claimant sustained the accident in the circumstances alleged
  2. 2 Whether the alleged accident caused or materially contributed to the development of cauda equina syndrome

Ratio Decidendi

The court found, on the balance of probabilities, that the claimant did sustain the accident as alleged and that the accident caused or materially contributed to the development of cauda equina syndrome. The claimant was not suffering from red flag symptoms prior to the accident, and the expert evidence supporting causation was preferred.

Court Disposition

Preliminary issues determined in favour of the claimant

Orders

  • It is declared that the claimant sustained the accident as alleged.
  • It is declared that the accident caused or materially contributed to the claimant's cauda equina syndrome.