WALSH v MCDONALD’S RESTAURANTS LTD (2018)

Published in Lawtel PI Bulletin issue 28 2019

Total Damages: £26,000 (£26,429.53 RPI)

PSLA: £18,000 (£18,297.36 RPI)

Trial/settlement date: 4/10/2018

Type of Award: Out of Court Settlement

Court: Out of Court Settlement

Age at trial: 31

Age at injury: 29

Sex: Female

The claimant, a 31-year-old woman, received £26,000 for the knee injury she sustained when slipping at her place of work in March 2016. She underwent an arthroscopy and might require a further operation in the future but was expected to make a full recovery within 13 months from the date of the arthroscopy.

Employers’ Liability: On 1 March 2016 the claimant employee (C), whilst working for the defendant employer (D) at a restaurant, crossed over an area of floor that had just been mopped and she slipped. There were no warning signs displayed about the wet floor.

C sustained injury and brought an action against D alleging that it was negligent in (i) failing to sufficiently mark or clean up the spillage; (ii) failing to suitably train members of staff in its cleaning processes; (iii) allowing her to walk in the area when it was unsafe to do so.

Liability admitted.

Injuries: C suffered a ruptured anterior cruciate ligament and bucket handle tear of the left knee.

Total injury duration: 13 months

Effects: After the accident C attended an accident and emergency department. Her knee subsequently continued to repeatedly give way and so she underwent an MRI scan and was referred to undergo an arthroscopy.

After the accident C experienced difficulty bearing weight and the lack of stability in the leg made it difficult to lift heavy items. Her mobility was limited and, after the operation, she required care.

C recovered from the operation within eight weeks.

Prognosis: A further MRI scan was carried out after the operation in order to assess any future risk to C’s mobility and any ongoing recovery. It was considered that a further operation might be required and that she should undergo physiotherapy to help with the recovery. She was expected to make a full recovery within 13 months from the date of the arthroscopy.

Out of Court Settlement: £26,000 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: £18,000.

Simmons v Castle [2012] EWCA Civ 1288 10 per cent uplift: applied.

Breakdown of Special Damages: £8,000.

Express Solicitors Ltd (Manchester) for the claimant.

This Quantum Report was provided courtesy of Karl Young of Express Solicitors Ltd, solicitors for the claimant.

Document No. AM0203523

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