Morris v Arc Homes – CA 24 June 1997

Incident: Accident at work

Appeal issue: Quantum

Appeal contentions: Plaintiff's appeal from judgment of Judge Previte QC, Plymouth County Court, 25 September 1996, awarding plaintiff damages of £10,934. Appellant was site agent for defendant and sustained the injury when driving a fork lift truck which toppled over on an adverse camber. The appellant was not trained in the use of the truck. The defendant knew the appellant used the truck but took no action to stop him. Appellant seeking £53,000. Judge found appellant 80 per cent to blame, defendant 20 per cent. Appellant contends apportionment was perverse and wrongly reflected level of contributory fault