Smith v Tesco Plc & Ors

Smith v Tesco Plc & Ors

The court found, on the balance of probabilities, that Mr Smith sustained a sequestered disc as a result of driving over the sunken fire hydrant, and that the accident caused his cauda equine syndrome. The theory that Mr Smith was already in urinary retention before the accident was rejected.

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
Claimant succeeds on preliminary issues
Legal Topics
Employer's Liability, Causation, Personal Injury, Workplace Accident
Tort Employment Law Employer's Liability Causation Personal Injury Workplace Accident

Case Brief

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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 Mr Smith sustained the accident in the circumstances alleged
  2. 2 Whether the accident caused or materially contributed to the development of cauda equine syndrome

Ratio Decidendi

The court found, on the balance of probabilities, that Mr Smith sustained a sequestered disc as a result of driving over the sunken fire hydrant, and that the accident caused his cauda equine syndrome. The theory that Mr Smith was already in urinary retention before the accident was rejected.

Court Disposition

Claimant succeeds on preliminary issues

Orders

  • It is declared that Mr Smith sustained the accident as alleged and that the accident caused his cauda equine syndrome.