Field Fisher Waterhouse recovers compensation for brain damaged employee injured at work
11 November 2008
Law firm Field Fisher Waterhouse LLP has recovered compensation
from Team Q Maintenance after a man was left with brain damage
sustained from a fall whilst carrying out maintenance.
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.
Jill Greenfield partner
in the Personal Injury Group at Field Fisher Waterhouse represented
Mr Mistry in the civil claim.
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.
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."
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 press information, please
contact:
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on 020 7861 4120.