In this matter we acted for a 86 year old Lady who stumbled on a tool bag left by a tradesman in the way at one of Sydney’s biggest RSL clubs and suffered a fracture of a femur.
After obtaining instructions from our client who mostly spoke to us in Mandarin Chinese we collected the available medical evidence in the case from Hospitals and family doctors, we commenced proceedings in District Court of New South Wales against both the club and the building contractors on site.
The instructions received from our client showed the case to be of a technical nature. Accordingly we briefed a barrister who had experience in arguing matters of similar nature.
We continued in carrying out our independent forensic investigations with respect to the issues of liability and obtained photos from client as well as a CCTV recording from the RSL.
The Defendants did not admit its liability and argued contributory negligence on behalf of our client, that the risk of injury was reasonably foreseeable and that the accident was not caused by their negligent behaviour.
We then retained an engineer to provide expert evidence on the issue of the safety of the premises. Our expert provided us with a comprehensive report in which he disputed the objections from the Defendants.
We also arranged for our client to undergo clinical examinations with an orthopedic specialist and a psychiatrist and sought their view the likely need for future treatment of her injury as well as her need for domestic care and assistance.
The Defendant requested to have our client examined by one of their doctors who provided a medical report in line and agreement with the majority of our client’s claim for damages.
We arranged an Informal settlement conference with the Defendants’ solicitors and spent over three hours negotiating a settlement of over $150,000.00.
Our client was happy with her settlement.