On 2 September 2010, Ken was standing in the Defendant's store building, positioned 1 metre away from a wooden pallet holding 16 metallic floor panels. The wooden pallet was being lifted by an overhead crane.
The wooden pallet broke and two 50kg floor panels slid off the top. Ken instinctively held out his right hand. His right index finger was caught between the two plates as they crashed into his lower right leg, knocking him over.
Ken sustained a compound comminuted fracture to the right tibia and fibula. The distal phalanx of his finger was crushed and his fingernail was torn off.
As a result of his injury, Ken had an external fixator attached to his lower right leg in order to set the bones. He underwent plastic surgery which consisted of a skin flap to be taken from his left thigh and transferred to his lower right leg. He later had an Aircast boot fitted for support.
A year and a half after the incident, Ken developed a dropfoot. He still suffered from stiffness, nerve pain and had an ongoing infection at the pin track site, where the external fixator was attached. Just under 2 years after the incident, Ken was forced to undergo further surgery in order to clear the infection, which had still not healed.
Ken instructed Mark Bowman to pursue a claim against the Defendant. After 3 months, the Defendant admitted liability and Mark was able to secure interim payments for Ken amounting to £26,500. As the case progressed, Mark was able to secure an additional £82,000 to settle the claim, for which Ken was hugely thankful.
At the end of the claim Ken commented
"My extreme thanks to Mark Bowman and his very efficient team for the successful conclusion to the claim. I would recommend them to anyone who is unfortunate enough to find themselves in a similar situation"
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