Warlow -v- Compass Group UK & Ireland Ltd
| Claimant | Mr Gareth George Alfred Warlow | ||||||
|---|---|---|---|---|---|---|---|
| Job title | Security Officer (SOC 2000: 9241) | ||||||
| Task description | General security duties - Lifting a road traffic cone weighing about 10kg into the back of a pick-up truck | ||||||
| Injury | Rupture of the insertion of the right biceps muscle into the radial tubercule | ||||||
| Defendant(s) | Compass Group UK & Ireland Ltd (SIC 2007: N81.10) | ||||||
| Court(s) | Swansea County | ||||||
| Case No. | 7HV00450 | ||||||
| Date | 22 Dec 2008 | ||||||
| Judge(s) | His Honour Judge C Vosper QC | ||||||
| For Claimant | |||||||
| All Claimants | Mr Gareth George Alfred Warlow | ||||||
| Solicitor | Eaton-Evans & Morris (Up to 2 weeks before trial) | ||||||
| Counsel | Litigant In Person | ||||||
| Non-Medical expert(s) | Mr Brian G Pearce (Ergonomics) (By Telephone) | ||||||
| Medical expert(s) | Mr David Anthony Jones (Orthopaedic Surgery) | ||||||
| For Defendant | |||||||
| Solicitor | Berrymans Lace Mawer (B2 5LS) | ||||||
| Counsel | Mr Robert Smallwood | ||||||
| Non-Medical expert(s) | Mr Ian A R Galer (Ergonomics) | ||||||
| Medical expert(s) | Mr D N W Lake (Orthopaedic Surgery) | ||||||
| Outcome | |||||||
| Judgment for: | Defendant | ||||||
| Injury found: | Yes | ||||||
| Work related: | Yes | ||||||
| Breach of Statutory Duty: | Yes, but not causative of injury | ||||||
| Defendant negligent: | No finding | ||||||
| Damages | |||||||
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| Observations | |||||||
| References | |||||||
| References to and/or Interpretations of Regulations and HSE Guidance Documents | |||||||
| While it is suggested in the Judgment that the Clamant might have succeeded in showing that the vehicle was a piece of work equipment that had not been maintained in efficient working order, this was not pleaded and there is no explicit reference in the Judgment to the Provision and Use of Work Equipment Regulations. The Judgment in this claim includes several references to regulation 4 of the Manual Handling Operations Regulations. There was found to be a breach of regulation 4 that was not causative of the injury the Claimant sustained. There are also brief references to the Management of Health and Safety at Work Regulations and to the HSE's guidance on the Manual Handling Operations Regulations. V2.01 | |||||||
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Rupture of tendon | Manual handling | SOC Major Group 9 | SIC Major Classification N
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Last updated: 16/10/2009