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Alan Brookes v. South Yorkshire Passenger
Transport Executive and Mainline Group Limited |
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Date |
2005 |
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Issue |
Negligence, liability, damages (amount of) foreseeability of injury. |
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Court |
Court of Appeal (Civil Division) |
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Act, Regulation or Reference |
BSI BS
6842:1987 |
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Facts |
AB was awarded £4,780 in damages for personal injuries from harmful
vibration he was expose to while employed by the two appellants.
These included grinders, saws, drills, impact wrenches and chisels.
The first appellants were taken over by the second appellants in
1986. The Appellants appealed on the grounds that their liability
did no arise until the 1990s, and that even if it was found that it
did arise earlier the amount of the damages should be reduced.
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The Decision |
Judge court found that the appellants did act once they appreciated
the risk, and set aside the Recorder's finding that the appellants
were liable in negligence to the respondent throughout the whole of
his employment (from 1982). The court substituted a finding that
they were negligent from 1989.
The appellants' partial success on the issue of liability did not
result in any change in the overall result of the claim. The
respondent was still entitled to damages of £4,780. The Recorder
also added interest at the rate of 2% per annum from February 2003
until the date of judgment in September 2004, which produced a total
award of £4,938.33.
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Note |
Mr Brookes was further entitled to interest from the date of the
judgment from September 2004 until payment was made.
Measurement and evaluation of human exposure to vibration
transmitted to the hand BSI BS 6842:1987. (HSG88 'Hand-Arm
Vibration', Health & Safety Executive 1994)
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Other cases of interest |
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External links |
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