Car whiplash injury

Member of the public suffers a shoulder fracture following a fall at a local car park

Our client, Ms K suffered a fall along a pedestrian walkway in Suffolk Way car park in Sevenoaks due to a design defect. Ms K sustained a four part displaced fractures neck of the right humerus, which necessitated surgery, from which Ms K has not regained full function and is left with permanent restrictions, which impact upon her psychological wellbeing.

Ms K was walking, with her daughter and grandson along a pedestrian walkway in Suffolk Way car park in Sevenoaks. The walkway has a brick wall on either side of it and there is a kerb jutting out about 3-4 meters down the walkway on one side. The walkway is an unusual design and it narrows on the one side only, without any obvious warning.

At the time of the accident, the kerb was hidden in the darkness and the shadow cast by the wall. As a result, Ms K tripped over the kerb and fell heavily onto her shoulder.

Ms K suffered a four part displaced fractured neck of the right humerus, for which she underwent a total reversed shoulder replacement. Her arm was immobilised in a sling for 6 weeks. For the first two weeks after the surgery she could not move her arm at all. She necessitated physiotherapy.

Ms K has now regained the full function of her shoulder and is left with permanent restrictions. She cannot lift her arm above chest height. She is therefore restricted in carrying out DIY and heavy aspects of gardening. She has been restricted in her interacting with her grandchildren as a result.

Ms K now struggles with numerous elements of day to day life and personal care and due to her lack of independence, has also suffered a psychiatric reaction.

Ms K instructed Jenny Waight, specialist personal injury lawyer. Jenny investigated the claim and invited the Council to make an admission of liability. This was rejected. Proceedings were therefore issued at the High Court. Following which, Ms K   successfully obtained an out of Court settlement of £80,000 to compensate her for the pain and suffering and to pay for her future care needs.

If you would like to ask Jenny a question about a potential case, or if you have a general query about any personal injury, contact Jenny at Thomson Snell & Passmore solicitors on 01892 701374 in confidence.

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