Mr Marley instructed Express Solicitor in 2015 following an accident in Cardiff.
Mr Marley who was then 40 years old, was walking along the pavement when he tripped on the edge of a manhole that had sunk into the ground causing the pavement to become uneven and dangerous. As he tripped he fell and landed heavily on to his right knee and right elbow and also suffered with some soft tissue injuries.
The claim was initiated against Cardiff council promptly and the council admitted fault for the defective area but said that Mr Marley must prove that his accident happened and that it caused his injuries.
We were confident that we could prove that the accident happened as Mr Marley said it had and proceeded to instruct an Orthopaedic Hand and Elbow Specialist who confirmed that Mr Marley had suffered a fracture to his right elbow and soft tissue injuries to his right knee.
Once the medical evidence was finalised the council still would not settle the claim so we had to issue court proceedings where the council continued to try to find inconsistencies in Mr Marley’s claim.
In an attempt to compromise Mr Marley made an offer to the Defendants to settle his claim in the sum of £8,000 and no response was received to this offer.
The claim ultimately proceeded to a trial where the council tried to discredit Mr Marley by saying that it was dark, and he was running and had been drinking so couldn’t have been sure or proved that the accident happened as we had said it had. Mr Marley knew what to expect and came across really well at the trial ultimately proving his claim and achieved compensation in the sum of £14,740.83.
There were no reasons for the council not to accept the Claimant’s version of events, but the council is notoriously difficult and ultimately we overcame all of the obstacles to achieve a fantastic result for our client who was over the moon with the result.