We recently secured damages for Mr D who suffered a soft tissue injury to his finger with ongoing functional restrictions while working for a recovery patrol service. He was attending a broken down vehicle belonging to a member of the organisation. Mr D’s version of events is that the defendant attempted to turn the ignition key whilst he was working with his hands within the engine of the vehicle, causing him injury.
The claim was investigated and pursued on the basis that the defendant had acted against Mr D’s clear instructions. The defendant’s insurers attempted initially to rely on their insurance policy exemptions in order to avoid providing indemnity to the defendant under the policy. This argument was later dropped.
Liability was fiercely in dispute due to the defendant’s refusal to acknowledge blame. Quantum investigations were carried out, including obtaining medical and other additional evidence.
Given the stance of the respective parties, the claim was subsequently issued and proceeded along the court timetable. Various offers were exchanged in respect of liability and quantum and the matter settled a few weeks before trial.