Mr S was employed by the Defendant as a Stone Mason and was injured in the course of his employment while transporting large kitchen worktops made out of stone. He sustained a painful injury to his little finger which required surgery. Mr S attempted to resolve the matter personally with his employer but after realising that he would not be able to, he instructed the Portuguese Department at Levenes to deal with his claim.
The Defendant denied liability throughout the entire claim, alleging that the accident had taken place and that Mr S was not an employee of the Defendant. Levenes attempted to resolve the matter without the need for Court proceedings but in light of the Defendant’s continued denial it was clear Proceedings would have to be issued in order to obtain a good result for the client.
The matter was complicated with the Defendant serving 3 witness statements in support of their denial and then subsequently serving hearsay notices for the statements meaning that the witnesses would not be present for cross examination. Eduardo promptly challenged the statements by adducing evidence to attack the credibility of the witnesses.
The matter finally proceeded to Trial on 21 January 2016 and after considering all the evidence the Judge believed Mr S, finding that, the accident had happened as Mr S alleged, that Mr S was in fact an employee and, that the Defendant was liable under the Manual Handling Regulations for not providing any training to Mr S.
Mr S stated was happy thanking everyone at Levenes for their hard work and perseverance during his claim.
Eduardo Fontoura and Michele Richards’ client wins at Trial
28 Jan 2016