We recovered compensation from Team Q Maintenance after a man
was left with brain damage sustained from
a fall whilst carrying out maintenance.
|
Mr Mistry’s wife, Damini Mistry said: "This accident has
caused a great deal of injury to my husband followed by a great
deal of trauma to us all. Kantilal requires long term personal and
medical care and our lives have been shattered. The financial and
practical effects are huge. I have lost my husband. I have to live
with this for the rest of my life and so does he."
|
Kantilal Mistry from Stanmore in North London was an employee of
Team Q Maintenance and in July 2005 was sent to a job at an
advertising company’s premises in London. He was required to work
on an air conditioning unit which sat on a roof platform.
Access to the unit was difficult and had been previously
assessed by Team Q Maintenance as a risk. Despite the apparent
hazard which his employer was aware of, Mr Mistry was not informed
of the issue. He sought access to the area using a ladder and was
later found on the floor, his foot caught in the ladder.
The assumption is that he had fallen whilst descending the
ladder. Materials stored around the access point had made it
difficult to access the platform safely.
As a result of the accident Mr Mistry suffered a fractured skull
and sustained brain damage and other injuries. He has not worked
since the accident, has difficulty with basic activities and must
be attended to by carers daily.
After negotiations Team Q Maintenance, has accepted the majority
of responsibility, 80%. It has been accepted that Mr Mistry bears
20% responsibility. Mr Mistry will receive an initial £100,000
interim payment but expects to receive a substantial award once the
claim has been fully quantified.
This settlement on liability was approved today at the Royal
Courts of Justice, London before the honourable Mrs Justice
Slade.
Jill Greenfield, Partner and Brain
Injury compensation specialist at Field Fisher Waterhouse said:
"This was a difficult case. There were no actual witnesses to
what had happened, but what was clear was that Mr Mistry’s employer
had already assessed access to the unit as difficult and dangerous.
The settlement reflects the fact that Team Q maintenance accept the
majority share of the blame, 80%, the 20% concession represents
contributory negligence on the part of my client.
I am pleased that we have now managed to resolve the issue of
liability favourably. Mr Mistry has very significant care needs.
The interim payment will be used to deal with those needs. I will
now be starting the process of assessing the full financial value
of this case but expect that ultimately it will be a seven figure
sum."
For further information or if you have a brain injury claim please
call Jill Greenfield on
020 7861 4557 or email jill.greenfield@ffw.com.
You can discuss your brain injury
claim with any member of our personal injury team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.