The Defendant, TK MAXX never accepted liability for the accident. Mr PS’s Team Leader said that he does not recall lifting with Mr PS the pallet full of goods. The Defendant produced documentation confirming that Mr PS had various trainings including manual handling training.
On 13th January 2015 we had a trial. Quantum was agreed at £14,000.00 subject to liability. A judge said in his Judgment that Mr PS was a very good, reliable and consistent witness. The judge said that he did not find Mr PS’s Team Leader an honest witness. When the Team Leader was asked by Mr PS’s Counsel whether he was working in a hectic and busy environment the Team Leader just laughed. The judge said that beyond the fact that the Defendant had well documented training documents, they failed to implement safe system of work. Mr PS was awarded £15,568 inclusive of interest.