Louis Browne successfully defends claim against Sainsbury’s

June 12, 2015

An employee who brought a £570,000 legal claim against Sainsbury’s following an accident at work has been awarded just £250 after a judge agreed with the defence argument and expert witness.

The claimant, now 54, worked at Sainsbury’s in store bakery in Oldham.  On 21st July 2010, as she was leaving the bakery area to enter the warehouse, she stumbled across a metal trolley parked on the other side of the double doors. This caused her to knock the shin of her left leg.

The claimant claimed £570,000 for loss and damage to represent pain, suffering and loss of amenity, past loss including care and lost earnings, equipment cost and future losses.

While it was accepted that the claimant was suffering from Complex Regional Pain Syndrome in relation to her left leg, the Court found that this condition had existed for a number of years and had not been triggered by the accident at work.  A similar condition in her wrist had also been diagnosed a number of years earlier while surveillance evidence presented to the court demonstrated a degree of exaggeration to her claim.

Sainsbury’s was represented at Liverpool Civil and Family Court by barrister Louis Browne (instructed by Nik Stott at BLM) from Exchange Chambers.

Commenting on the case, Louis Browne said:

“The expert evidence in this case clearly showed that the claimant’s Complex Regional Pain Syndrome was not triggered by the accident at work.”

Added Louis:

“After considering all the evidence the Judge found that the initial symptoms had been relatively trivial, clearing up within a matter of days.   He therefore compensated the claimant for the modest effects of that injury.”