Davies v Walon Ltd

Davies v Walon Ltd

The court found that while the claimant did bang his head during the afternoon of 3rd October 2014, the injury was not caused by any sudden drop of the trailer deck and was more likely due to the claimant overbalancing. There was no negligence on the part of the defendant, and the medical evidence favored a...

Source-derived case information.

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
Civil / Judgment on Preliminary Issues of Liability, Contributory Negligence, and Causation
Outcome
claim dismissed
Legal Topics
Employer's Liability, Negligence, Causation, Contributory Negligence
Employment Law Personal Injury 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

Civil / Judgment on Preliminary Issues of Liability, Contributory Negligence, and Causation

Legal Issues

  1. 1 Whether the claimant's brain injury was caused by an accident at work on 3rd October 2014
  2. 2 Whether the defendant was negligent
  3. 3 Whether there was contributory negligence

Ratio Decidendi

The court found that while the claimant did bang his head during the afternoon of 3rd October 2014, the injury was not caused by any sudden drop of the trailer deck and was more likely due to the claimant overbalancing. There was no negligence on the part of the defendant, and the medical evidence favored a spontaneous intracerebral haemorrhage unrelated to any head injury.

Court Disposition

claim dismissed