23 April, 2008
Forbes recently contested at trial an EL claim where the Claimant was attempting to establish liability for a new type of neck injury.
The Claimant sued his former employers in respect of neck pain which he alleged had been brought on by repeated heavy lifting over the course of his employment. It was disputed by the defendants that the Claimant had been involved in repeated heavy lifting. In addition the defendants obtained medical evidence which indicated that the neck could not be affected by heavy lifting in any event. The Claimant obtained medical evidence which indicated that neck problems could result from heavy lifting.
The case came before Oxford County Court on Monday 7 April. The judge elected to deal with the medical evidence on the first day of the trial as a preliminary issue so that if the Claimant failed to prove a sustainable case on the medical evidence the claim would be dismissed. After hearing the expert evidence the judge decided that he preferred the evidence of the defendant's expert and the claim was dismissed with the Claimant being ordered to pay the defence costs.
This was an attempt to open the door to a new type of claim. There have been plenty of previous cases where it is alleged that heavy lifting has caused injury to the lower back but this was an attempt to claim for injury to the neck. In view of this the case was fully contested and the outcome vindicated this approach.
For further information contact Paul Geldard Tel: 01254 662831