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One-third Damages for Driver After Handbrake Accident
Page 63
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IAMAGES of £205 and costs were awarded in the High Court last onth to Mr. William Franklin, I-year-old lorry driver for Edmonton arough Council, for injuries he suffered September. 1962, when a defective tndbrake caused his tipper to run down incline at a refuse tip at Wormley, erts.
Mr. Justice Lawrence, entering dgment against the Council, said that a ;fects book was kept, in which it was e duty of drivers to enter any vehicle lects they found. But a practice had own up of disregarding the necessity r submitting written reports and merely making oral reports instead.
Franklin admitted that he knew of the book and its purpose, hut did nct report in it the handbrake defect of which lie complained. The judge said he was not. satisfied that Franklin had made an oral report. But be found it impossible to acquit the Council of some responsibility for not insisting on a proper system of notification.
If Franklin had made a written record of the complaint the first time the handbrake slipped, it would have been there for everyone to see. The judge was satisfied that the defect would have been immediately repaired, and the accident. in which Franklin injured his right ankle, would never have happened.
Franklin had continued to drive the vehicle on the highway for week after week after his first oral report had no result, and on his own admission he parked the vehicle on an incline at the tip when he could quite easily have parked it on level ground, only 12-15 yards away. The judge said it was impossible to acquit him of a substantial degree, of contributory negligence, which was assessed at two-thirds.
Total damages were assessed at £615 and Franklin was awarded a proportionate amount of £205.