Security Guard Assaulted
Sarah Brumpton, one of our associate solicitors in the Leeds office, settled a brain damage case for a man assaulted at work as a security guard on a refuse tip in Manchester.
The client arrived at work at 8.00pm to start a night shift. At approximately 9.00pm he was violently attacked in the portacabin where he was stationed.
He sustained traumatic brain damage resulting in long term cognitive and behavioural problems. Matters were made worse by the fact that his employers were supposed to check on him by telephone every two hours. However, the client and the control room operator at his employer’s place of business had agreed to bypass this system so the client could rest on his shift. The control room operator thereafter falsified the records to give the impression that our client was checked every two hours on the night in question.
We discovered that our client was not found until 6.30am the following morning, by which time his brain had been starved of oxygen for over 10 hours resulting in a more significant brain damage.
Evidence on causation was obtained from a neurosurgeon, a neuroradiologist and a neuroanaesthetist in an effort to prove that had the client been found earlier and treated within an hour, he would have made a much better recovery from his brain damage.
The case settled after a round table meeting for a sum of £800,000. Because the Claimant was unable to manage his own affairs, court approval for the compensation had to be sought. The court was satisfied that the settlement obtained was in the long term interests of the Claimant and assisted to provide for his needs.
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