The Claimant, now aged 46, was part of a three man team employed by Balfour Beatty and its predecessors to drop and pick up traffic cones on motorways when lanes required temporary closure.
The cones including the light on top weighed 10kg and were a metre tall. The Claimant had to drop the cones from a moving vehicle in a straight line and evenly spaced. The cones were passed to him by a work mate.
The third member of the team drove the vehicle.
The Claimant developed pain in his right elbow which was diagnosed as tennis elbow. He had to give up his work and became a self-employed taxi driver on a very much reduced income.
The trial took place at a local County Court. The Judge found that injury was foreseeable and the Defendants were in breach of the Manual Handling Regulations in failing to carry out a risk assessment and having any system of enforcing the rotation of the roles.
The Judge found that the Claimant’s work had made a material contribution to his injury and that but for the injury the Claimant would have continued to do this job until the age of 67 and was awarded over £508,000.