Davies v Walon Ltd [2019] EWHC 1481 (QB) (12 June 2019)

Davies v Walon Ltd [2019] EWHC 1481 (QB) (12 June 2019)

The court found that while the Claimant did bang his head during the course of his employment, the injury was not caused by any sudden drop of the trailer deck or negligence by the Defendant. The most probable cause was the Claimant overbalancing while attaching a hook, and the medical evidence favored a spontaneous...

Source-derived case information.

Citation
[2019] EWHC 1481
Parties
Claimant: Andru Mark Davies; Litigation Friend: Natalie Kay Pitman-Treharne; Defendant: Walon Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2019
Procedural Posture
Personal Injury / Preliminary Issues of Liability, Contributory Negligence, and Causation
Outcome
Claim dismissed
Legal Topics
Employer's Liability, Negligence, Causation, Contributory Negligence
Tort Employment Employer's Liability Negligence Causation Contributory Negligence

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Parties

Andru Mark Davies

Claimant

Natalie Kay Pitman-Treharne

Litigation Friend

Walon Limited

Defendant

Procedural Posture

Personal Injury / Preliminary Issues of Liability, Contributory Negligence, and Causation

Legal Issues

  1. 1 Did the accident occur as alleged by the Claimant?
  2. 2 Was the Defendant negligent?
  3. 3 Was the Claimant's brain injury caused by the alleged accident?

Ratio Decidendi

The court found that while the Claimant did bang his head during the course of his employment, the injury was not caused by any sudden drop of the trailer deck or negligence by the Defendant. The most probable cause was the Claimant overbalancing while attaching a hook, and the medical evidence favored a spontaneous intracerebral haemorrhage unrelated to trauma.

Court Disposition

Claim dismissed