Uneven pavement causes milkman to fall and break ankle
A 62 year-old Isle of Wight milkman has been awarded damages of £27,500
following a severe ankle injury
On an early-morning round in Hinton Road, Newport in August 2011, the milkman stepped out of his milk float onto an uneven pavement
. Having negotiated the 2 steps down from his vehicle, he had to put his weight on a loose drain cover.
Unforeseeable accident caused injury – and loss of work
When his foot inadvertently slipped into the drain, he fell and hurt his left ankle
, which a later medical examination revealed was badly fractured.
As a worker wholly dependent on good mobility to do his job, the milkman was forced off work
, hiring a stand-in to take up his regular duties.
Danger to pedestrians
On the milkman's instruction, we sought damages from Isle of Wight Council for negligence and breach of statutory duty. As the highway authority responsible for maintaining the road, the council had allowed the presence of a defect
which created a hazard to people using the pavement.
In all there were 8 clear breaches of the Highways Act 1980, including failure to repair the defect
and exposing our client to a foreseeable risk of injury.
Client could need more surgery
Commenting on a settlement which was relatively high for a broken ankle, Simpson Millar's Michelle Rhodes said: "We managed to include within the claim sums for 2 potential future surgeries
which the medical expert suggested might be necessary.
"This significantly increased the award
that our client was able to recover by way of compensation."
Happy with result
Our delighted client said that we "have done things I did not believe possible. Simpson Millar LLP worked hard and diligently
on my behalf, and I was thrilled with the outcome achieved."
He added that others in a similar predicament should unhesitatingly contact Simpson Millar LLP "for friendly and competent advice