Poor safety in road repairs – substantial damages a week before trial

We have settled a claim which involved a teacher who was crossing a pedestrian footbridge over the North Circular Road London which was being refurbished.  There were expansion joints in the asphalt which were being repaired and had been opened but were covered temporarily with plastic sheeting which had a habit of moving about.  She tripped and fell on one of the gaps. The claim was highly contested.

Initially we pursued the claim against the Highway Authority who failed to provide us with details of their contractors and ultimately after issuing proceedings they then advised that they were not responsible and who their contractors were and agreed to pay costs to date and the costs of our having to amend the proceedings to join the contractors, who also contested the claim on the basis that they had carried out the work and it was our clients fault for not looking where she was going.

We persisted with the claim right until a week before trial when the contractor’s insurers gave in and settled the claim for a very substantial sum, our having obtained further medical evidence to enhance our client’s claim who suffered serious injury to her teeth when she tripped and fell. This again was a case where persistence paid off.

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