W (as the widow and personal representative of the estate of X, deceased) v (1) Y (2) Z (2019)
Our client, a widow in her 30s received several hundred thousand pounds in compensation for an accident her husband (in his 40s) had whilst using farm equipment at work.
Our client’s husband (X) was instructed by the Defendant (his employer), to use a tractor and tow chain to retrieve a tractor stuck in mud. The tractor had become stuck when pulling a seed drill. X and a colleague used two tow chains to attach their tractor to the stuck tractor and the drill. When X began to tow the machines, one of the chains was not strong enough and so it snapped and whiplashed into X's cab where it struck him on the head.
X experienced cognitive impairment, left-sided hemiparesis (weakness), loss of sight in the right eye and a facial injury. His personality also changed. After the accident X was unable to return to work and also developed epilepsy.
X sued his employer alleging that they were negligent in that they failed to take reasonable care of his health and safety in the course of his employment. In particular, it was alleged that they failed to provide both a safe system of work and adequate plant and equipment (e.g. chains).
The following year X sadly passed away following an epileptic seizure. His widow was able to continue the claim on his behalf as his dependent and also as personal representative of his estate.
The claim included a claim for loss of services X would have provided to his wife and children (e.g. cooking, child care etc.), and future financial dependency (earnings the family would have relied on X to make).