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Almost 230K for one crushed toe

31st May 2001, Page 16
31st May 2001
Page 16
Page 16, 31st May 2001 — Almost 230K for one crushed toe
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Lancashire operator MP Burke has been ordered to pay almost £30,000 damages to a driver whose toe was crushed in an accident at work.

David Beesley sued the company at Preston County Court on the grounds that his employers had failed to take reasonable care for his health and safety. He claimed he suffered an injury because he had not been properly trained in the operation of a vehicle.

The court heard that Beesley was employed to drive a three-axle truck equipped with a crane and extending hydraulic stabilising rams. The accident happened as Beesley was trying to raise the ram while standing on the bottom of a ladder. His right foot was dangling off the ladder because the rung was narrow, and became trapped. Beesley suffered a crushed right toe.

For Beesley it was argued that the company had failed to give him adequate information about the equipment, and this failure broke the Provision and Use of Work Equipment Regulations 1992.

Making the award of £29,397, Judge Appleton concluded that the company had breached both the regulations and its common law duty to take reasonable care by tailing to provide Beesley with adequate training. He said there was an obvious trapping point for the unwary and therefore the accident was reasonably foreseeable.

Even though Beesley had years of experience, there was no evidence that the company had asked him for details of that experience. As an employee Beesley had a duty to take reasonable care, but not to the extent that he took over the employer's duty of care to him.

Appleton refused the company permission to appeal.

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Organisations: Preston County Court

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