Wake Smith achieve six figure settlement for equestrian student who suffered crushing injury to her left leg and right ankle.
Our client v A College
Year of incident: 2020
Date of Settlement: 2024
Acting: Terry Regan, Director, assisted by Millie Bolsover, Clinical Negligence Executive at Wake Smith Solicitors
Facts:
Terry Regan, Director of our Clinical Negligence Team, and Millie Bolsover, succeeded in recovering a six-figure compensation sum for our client who suffered crushing injuries to her left leg and right ankle when a hay bale fell on her at college.
Our client was 17 years old when she suffered a crushing injury to her left leg and right ankle, which, from inception, left her under little illusion that she would have a long period of recovery and significant impairment of her activities.
Pre-accident, the client was an exceptional showjumper and had a promising future ahead of her in competing. It is thought that had she been able to continue to ride and progress at the rate prior to the accident and given the opportunity to ride horses capable of competing at that level, it is possible that she could have ridden consistently at National Championship Level. She was also highly valued and experienced in the Equestrian community for the management, riding, and grooming of horses.
Following the injury, our client was airlifted to Hospital where she underwent two surgical procedures: the first being a repair to a double fracture (spiral and comminuted) to her left femur, including the implantation of a large intramedullary nail. During this procedure, a metal rod is inserted into the centre of the femur then fixed at both ends with screws.
The second was a repair to multiple fractures of her right ankle.
Our client has since undergone two further surgical procedures in the form of a right ankle revision to remove metalwork (although two broken screws remain) in January 2021 and a right ankle fixation surgery in August 2021 after the fracture had not united.
Unfortunately, due to the physical and psychological damage that our client has sustained, it is unlikely that she will be able to ride as effectively as before the accident or enjoy the same level of success.
Despite the strives our client has made in her post-operative recovery; it is anticipated that she will require further surgery in the future, due to likely deterioration over time, ultimately ending in an ankle fusion operation. Ankle fusion is a type of surgery to fuse the bones of the ankle into one piece.
Allegations:
The client alleged that there was a failure to risk assess, train, instruct and monitor the storage of hay bales so as to prevent an accident, of the index type, from happening.
Subsequently, our client sustained significant injuries including a double fracture of her left femur and fractures to her right ankle which required extensive surgery.
In addition, our client was severely compromised in being able to compete in showjumping at a high level. This was devastating to our client who had achieved an enviable level of success in her sport up to the time of her accident. We obtained evidence from an equestrian expert to help substantiate this aspect of our client’s claim.
Injuries:
It was the client’s case that had the above incident not occurred, she would have avoided:
- A double fracture to the left femur
- Multiple fractures to the right ankle
- Four surgeries
- Scarring
- Physiotherapy
- An extended recovery period during which she required care and assistance
- Loss of earnings
- Pain and suffering
- Loss of amenity and
- Psychiatric Injury
Admission of liability:
The Defendant admitted they breached their duty of care but put our client to proof on the extent of her injuries.
Expert evidence:
As such, we instructed experts to prepare reports for the client in the disciplines of:
- Orthopaedics (Foot and Ankle Specialist)
- Psychiatry
- Orthotics and
- Equestrianism
The Proceedings:
Settled out of court.
Settlement:
The claim settled for a six-figure sum.
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