Oliver Chapman, specialist personal injury lawyer based at Thomson Snell & Passmore’s Tunbridge Wells office, has secured £10,000 for a claimant who suffered a fractured nose, ankle and tear in her right knee when she tripped in a car park at the Co-Op supermarket.
The case concerned a claimant in her 60s who tripped on a hole in the surface of the Co-Op supermarket car park in Edenbridge, Kent. She suffered the following injuries:
- Fractured nose which caused pain and discomfort but settled after around six weeks.
- An avulsion fracture of the lateral malleolus with a soft tissue injury to the lateral collateral ligament of the right ankle.
- A tear of the anterior horn of the lateral meniscus of the right knee. Her condition improved following an arthroscopy about 15 months later.
We were instructed pursuant to a conditional fee agreement (a no win no fee) and sent a letter of claim to the Co-Operative. The defendant admitted primary liability but alleged that the size of the defect was such that the claimant should have seen it and was therefore 25% contributory negligence. The parties exchanged several letters on this point and we continued to deny that the claimant was in any way responsible for the accident.
The claimant was examined by an independent orthopaedic surgeon who noted pre-existing problems with the knee but recommended that he provide a second opinion following an arthroscopy. The procedure took place about 15 months after the accident after which the claimant’s knee started to improve. The claimant was examined again by the orthopaedic surgeon who, in light of the arthroscopy results, confirmed that all of the claimant’s right knee problems were as a result of the index accident.
We proceeded to enter settlement negotiations. The defendant initially offered £6,885 but following negotiations the matter settled for £10,000 plus payment of the claimant’s costs. The claim was settled without issuing court proceedings.
Oliver Chapman specialises in slipping and tripping claims. If you would like to ask Oliver a question about a potential case, or have a general query about any personal injury, please contact him on 01892 701234 in confidence.