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A machine operator who was left with severe brain damage after he was struck by heavy machinery at work has been awarded a lump sum of £1.75 million and additional annual payments of £135,000 for life. When capitalised the figure is over £4.2 million in damages.
In October 2008, Christopher Kaye, a 57 year old man from Barnsley, was working on a construction site in Sheffield for demolition company Euro Dismantling Services Ltd when he was seriously injured. He was changing the grapple attachment on an excavator when the connecting metal bar fixing the grapple to the boom sprang out, hitting him in the face and knocking him to the ground.
Mr Kaye was rushed to Sheffield Hospital where he underwent life saving surgery. He was left with severe brain damage and remained in Keresforth neuro-rehabilitation unit for many months. He now needs around the clock care.
Mr Kaye’s family instructed Jill Greenfield, personal injury partner at law firm Field Fisher Waterhouse, in a claim against Euro Dismantling Services Ltd. The firm gathered evidence to claim that Mr Kaye had received inadequate training on how to change the grapple; that recommendations that employees should receive more training were ignored and that equipment that could have allowed him to carry out the job more safely was purchased after the accident. It was discovered that written instructions on changing the grapple were not provided until after Mr Kaye’s accident. There were also concerns that another accident, similar in nature had occurred previously. These claims were denied.
Euro Dismantling Services Ltd initially denied any responsibility but eventually accepted 90% liability following meetings between the respective legal teams.
Chris's wife, Sue Kaye comments: “It’s a massive relief for all of this to be finally over and for there to be funds to pay for the care Chris needs but no amount of money will help Chris to fully recover or give me back my loving husband of 32 years, nor will my children ever have the same Dad.
Jill Greenfield of Fieldfisher has fought hard through this claim for us, to enable life to be made a little easier, which we are grateful for."
Jill Greenfield said: “This was a terrible accident that could have been avoided had better equipment and training been in place at Mr Kaye’s workplace. This accident has had a profound effect on Mr Kaye and his family who are devoted to him. The money will allow Chris to have round the clock care and support in what are very difficult circumstances."
Or for further press information please contact:
Louise Eckersley, PR Manager, Field Fisher Waterhouse LLP on 020 7861 4120