Nockolds were instructed by the claimant struck by a mattress during delivery by the defendant company. She suffered multiple fractured vertebrae, and immediate acute pain and loss of mobility. The fractures resulted in kyphosis of the spine (curving) and loss of height (3 inches).
Liability was admitted, but the quantum in the claim was strenuously contested.
The claimant had pre-existing but asymptomatic osteoporosis. The defendant’s expert argued the fractures were spontaneous. The claimant’s rheumatology expert disputed this on the basis of recent pre-accident x-rays for an unrelated condition, and the absence of subsequent spontaneous fractures since the incident.
The defendant sought to introduce a contributory negligence argument into proceeding at a late stage (that the claimant had been asked to leave the room at the time of delivery). This was contested and the claimant applied for Judgment on the basis of the pre-issue admission. Success was achieved in the claim on the basis of the strength of the expert evidence and a significant award was achieved for the claimant.