A lorry driver working for Morrisons who was paid £110,000 after he was injured moving a pallet, has now been awarded an extra £56,000 by the recruitment agency who placed him, writes Chris Tindall
Thomas Ward raised the action against his employer PPF, which trades as ADR Network, after it claimed the case had been settled by Morrisons when it paid out the six-figure sum.
Ward was driving a 52-foot artic from the supermarket’s depot in Bellshill to a Morrisons’ store in Glasgow but was forced to brake sharply on the M8 when another vehicle cut in front of him.
On arriving at Bishopbriggs the HGV driver noticed the contents of one pallet had slipped forwards and it was necessary to correct it before loading it onto a pallet truck.
However, during the process, the load overbalanced, and the pallet struck Ward’s foot, pushing him off the trailer and resulting in a bone fracture.
He returned to work two months later on reduced shifts and a settlement by Morrisons was agreed at £110,000.
Thomas Ward’s expert witness, a health and safety consultant, said both the supermarket and ADR Network were at fault because there was no evidence of proper supervision, and the driver should not have been allowed to take any involvement in the unloading process.
In the All-Scotland Sheriff Personal Injury Court, Sheriff Robert Fife said: “The second defender (ADR Network) failed to take reasonable care for the health and safety of the pursuer (Ward).
“They failed to carry out a suitable and sufficient risk assessment. They did not devise, institute, maintain or enforce a safe system of work. They failed to give the pursuer any training including that the pursuer must not enter the trailer when pallets were being unloaded.”
Sheriff Robert Fife assessed that total damages were £238,311, minus 30% for ‘contributory negligence’. After deducting £110,000 he found that the claim had not been exhausted and ordered ADR Network to pay £56,818.
