Express Solicitors managed to recover £9,000 for our client Mrs Rucklidge who stepped down from a pavement into a pothole in the road in Leeds whilst crossing a road in November 2012. The dangerous defect which was approximately 2 to 3 inches deep can be seen in the photograph. This caused her to go over on her ankle and fall to the floor sustaining ligament damage to her ankle requiring her to subsequently undergo an operation and physiotherapy treatment.
The Defendant Council denied liability throughout the claim on the basis that inspections were performed regularly on an annual basis in a slow moving vehicle and that they had a reasonable level of maintenance. Evidence was provided in support of the last inspection prior to the accident which took place in May 2012, some 6 months prior and no dangerous defects were noted or identified. The area was inspected following notification of the claim in December 2012 and the defect was noted and repaired at this time.
Express Solicitors proceeded to take the case to trial despite the difficulties in establishing the Defendants had been negligent. Express Solictors obtained witness evidence in support from local residents, which was heard at the hearing. One of the witnesses confirmed that the defect measured approximately 3 inches deep and had been present and of a similar size for approximately 12 months prior to the Claimant’s accident. A second witness gave details that the defect was a few inches deep and had been there for a number of years. This evidence was contrary to the Defendants evidence.
At the trial in June 2015, evidence was heard from both sides and the judge sided with the Mrs Rucklidge at the hearing. By putting forward this strong witness evidence, Express Solicitors were able to rebut the Defendants evidence and arguments securing significant compensation for the injuries sustained by Mrs Rucklidge.