This article appeared in issue 3 January 2017 Lawtel Pi Bulletin By Sarah Mawdsley.

Total Damages: £20,290 (£20,598.48 RPI)
PSLA: £17,500 (£17,766.06 RPI)
Trial/settlement date: 14/6/2016
Type of Award: Out of Court Settlement
Age at injury: 61
Court: Out of Court Settlement
Age at trial: 63
Sex: Female

The claimant, a 63-year-old woman, received £20,290 for the significant fracture to her shoulder sustained when she caught her foot in a pothole maintained by the defendant in August 2014. She suffered from pain and stiffness and was left with a long-term disability of 20% rotation of her right shoulder.

Occupiers’ Liability: On 29 August 2014, the claimant (C) was walking along a concrete path maintained by the defendant (D) when she caught her foot in a pothole, causing her to fall forward and land on her arm.

C sustained injury and brought an action against D alleging that it was negligent and in breach of its statutory duty under the Occupiers Liability Act 1957 s.2 in failing (i) to take reasonable care to ensure the premises were reasonably safe for the purposes of the visitor; (ii) to provide warnings where danger might cause the visitor harm.

Liability admitted.

Injuries: C sustained a significant fracture to her right shoulder.
Total injury duration: permanent
Effects: After the accident C underwent physiotherapy for a frozen right shoulder and made regular visits to the fracture clinic. The fracture was treated with a sling for 12 weeks. C suffered residual pain and stiffness of the right shoulder and after 6 months from the commencement of treatment C achieved an 80% recovery leaving her with a long-term disability of 20% rotation of the right shoulder.

Prognosis: C would achieve an 80% recovery.
Out of Court Settlement: £20,290 total damages

Background to damages: The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant’s solicitors:

Breakdown of General Damages: Pain, suffering and loss of amenity: £17,500.

Simmons v Castle [2012] EWCA Civ 1288, [2013] 1 W.L.R. 1239 10 per cent uplift: applied.

Express Solicitors (Manchester) for the claimant.

This Quantum Report was provided courtesy of Sarah Mawdsley of Express Solicitors, solicitor for the claimant.

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