February 2012

Out of Court Crushed Hand Settlement for Tesco Employee

A former Tesco worker, who made an injury claim for compensation after crushing her hand at the company´s store in Duloch Park, Fife, has had her claim settled out of court for an undisclosed amount.

Shona Foreman made the Tesco employee injury accident claim after her hand was crushed between two metal cages during a delivery at the store in 2006. The accident occurred as Shona was helping with a delivery and, due to the restricted space available, moved to one side to allow an employee through.

The space that Shona was left was insufficient, and the cage being pushed by her co-worker crashed into her own, crushing her hand between the two. The mother of one from Alloa in Clackmannanshire was taken to hospital by her manager, where she was diagnosed with nerve damage and a soft tissue injury.

Shona went back to work the following week and, despite having her hand in a plaster cast, was allocated a job on the checkout, where she was expected to lift customer´s shopping and aggravated her injury due to this. Shona eventually departed her job at Tesco following a warning about the amount of time she was taking off of work due to her injury.

After taking legal guidance, Shona made a Tesco employee injury accident claim – claiming that the working practices at the Tesco store in Duloch Park had been to blame for her original injury and that the injury which Tesco were responsible for was then exacerbated by the company´s lack of care for her condition.

Tesco denied responsibility for Shona´s Tesco employee injury accident claim but, just before the case was due to be heard in court, accepted liability for her injuries and offered an undisclosed offer of compensation in settlement of Shona´s Tesco employee injury claim, which Shona accepted after advice from her solicitor.

Compensation Fall Settlement Agreed in Tesco Wet Floor Claim

A pensioner from Worcestershire, who broke a bone in his foot after he fell on a wet floor in Tesco, has been awarded an undisclosed four-figure settlement for his Tesco wet floor injury claim.

Ronald Fryer (80) from Whittington in Worcestershire was going into the Tesco store in St. Peter´s Drive, Worcester in October 2009, when he slipped on a wet floor by the entrance to the shop.

The retired cricket umpire was taken to the Worcestershire Royal Hospital where X-rays revealed that Ronald had broken a metatarsal bone in his foot.

After recuperating from his injury, Ronald sought legal guidance and established that he was eligible to make a Tesco wet floor injury claim due to a breach in Tesco´s duty of care towards its customers.

After lengthy negotiations over how much compensation for slipping on a wet floor in Tesco Ronald should be entitled to, the company made a four-figure offer in settlement of Ronald´s Tesco wet floor injury claim which he was advised to take.

Second Slip and Fall Claim Settled by Asda

A second major personal injury compensation claim for a slip and fall in Asda´s Rivergate store has been settled for an undisclosed sum.

The store made the news for the wrong reasons in June this year, when Peterborough County Court found in favour of Thomas Wardle and awarded him 10,500 pounds after he injured his back when slipping on a grape.

This time the victim was 74-year-old Patricia Hill of Orton Goldhay, who damaged her knee and ankle after slipping on vegetables in a non-fruit and vegetable isle while shopping in May 2008. Mrs Hill was found to have a closed break of the tibial plateau on arrival at Peterborough General Hospital and had to stay in hospital for 5 days.

Three years of treatment subsequently, Mrs Hill still suffers pain in her knee and ankle, and doctors have told her that she is likely to need knee replacement surgery in the near future and has a 50 per cent chance of developing osteoarthritis. Mrs Hill has no family living near her in Peterborough, and has had to rely on friends and hired help to help her with household and personal chores during her rehabilitation.

Asda agreed to a “substantial” out-of-court settlement, the specific details of which Mrs Hill did not wish to reveal, but the same supermarket store has a third slip and fall injury claim to contend with which is due to be heard in Peterborough County Court later this year.

Schoolboy Awarded 36,800 Shop Car Park Injury Compensation

A sixteen year old boy, who sustained deep lacerations in his thigh when climbing over a supermarket car park fence, has had a shop car park injury settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan was just eleven years of age when the accident happened in 2006 as he was climbing over a supermarket car park fence at the Firhouse Shopping Centre. He caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into his inner left thigh.

Michael´s injuries were so bad that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recuperated now, will be left with a permanent scar as a permanent reminder of his injury.

Liability for the shop car park injury was uncontested by the supermarket owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the shop car park injury settlement compensation offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.

Grandmother to Receive Compensation for Accident in Selfridges

A grandmother, who fell on a Christmas tree decoration and broke her thigh bone while accompanying her grandchildren to see Santa at Selfridges, has won her claim for broken femur injury compensation.

Joan Dufosse, aged 73, from Southampton, Hampshire, was visiting the London store with her son, daughter-in-law and two grandchildren when the accident happened in November 2009. After seeing the children meeting Santa, the family were about to have a photograph taken when Joan was told by an elf to step back and towards a corner.

As she did so, Joan fell on a Christmas tree ornament which had dropped from the tree and fell to the ground. She was taken to hospital where she was diagnosed with a broken thigh bone and had to have surgery to plate and screw the break which, two years later, is yet to fully heal.

Joan made a claim for broken femur injury compensation against the company in charge of running the Grotto – Melbry Events Ltd – and at London´s Civil Appeal Court Lord Justice Rix allowed the compensation claim, saying that Santa or the elf should have seen the Christmas tree ornament. He also dismissed a counter claim that Joan was partly at fault for not spotting the hazard herself.

A final compensation settlement for Joan´s accident in Selfridges is yet to be agreed, but is thought to be in the region of 30,000 pounds. If no negotiated settlement can be found, Joan will have to return to the Civil Appeal Court in 2012.

Watermelon Salmonella Claims Examined by Food Standards Agency

The Food Standards Agency is investigating watermelon salmonella claims following the death of one person and thirty other reported cases of food poisoning in the UK.

Other similar cases of illness have also been reported in Germany and the Republic of Ireland, and officials at the Health Protection Agency are treating the outbreak of salmonella poisoning with particular caution – issuing advice to wash all fruit and vegetables thoroughly before eating them.

The origin of the salmonella contaminated watermelons has not yet been firmly established, but they are thought to come from a food preparation unit in Brazil; where the watermelons may have been washed in unclean water or cut with a contaminated knife.  Of the thirty people known to have contracted the “Salmonella Newton” strain of salmonella, fifteen have confirmed that they had eaten watermelon within the preceding week.

The watermelon salmonella claims victims suffer in similar ways to other strains of food poisoning, with victims suffering from diarrhoea, vomiting, fever and abdominal pains which last from four to seven days. Some individuals will need a course of antibiotics to prevent complications such as septicaemia and infection, and people recognising the early symptoms of food poisoning are advised to seek medical attention immediately.

Subject to the specific medical prognosis, it will be possible for salmonella in watermelon claims for compensation to be made against the retail outlets to blame for selling the contaminated watermelons. This is most likely to be snack kiosks or smaller shops with self-service fridges rather than the larger supermarkets, although some cafes and restaurants may also be at risk if they have served the contaminated watermelons on their premises.

In order to help with determining liability and the preparation of injury compensation claims, those suffering from salmonella in watermelon food poisoning are being advised to speak with a solicitor at the earliest possible opportunity.