Lee - v - Vauxhall Motors Ltd

Plaintiff Linda Lee
Job title Production line worker (SOC 2000: 8132)
Task description Use of a cylindrical air operated sanding tool weighing 1.35 kg to grind welding imperfections
Injury Trigger Finger Right little and ring fingers)
Defendant(s) Vauxhall Motors Ltd (SIC 2007: C29.10)
Court(s) Luton County
Case No. 9200550
Date 6 Sep 1994
Judge(s) Mr Recorder John Akast
For Plaintiff
All Plaintiffs Linda Lee
Solicitor Rowley Ashworth (SW19 1SE)
Counsel Ms Joanna Heal
Non-Medical expert(s) Mr Magner (Engineering)
Medical expert(s) Mr Alexander Benjamin (Orthopaedic Surgery)
For Defendant
Solicitor Hextall, Erskine & Co (E1 8ER)
Counsel Mr Alistair Sharp
Non-Medical expert(s) Mr Brian Barr (Engineering)
Medical expert(s) Mr James Campbell Semple (Hand Surgery)
Outcome
Judgment for: Plaintiff
Injury found: Yes
Work related: Yes
Breach of Statutory Duty: Yes
Defendant negligent: Yes
Damages
General: £ 3,000.00
Special: £ 560.14
Other:
TOTAL:
Observations
 
References
 
References to and/or Interpretations of Regulations and HSE Guidance Documents
While there is an explicit finding of a breach of statutory duty in this Judgment, no specific Regulation is mentioned. However, on page 2 of the Judgment, Mr Recorder Akast says:

In January 1993 six sets of Health & Safety Regulations were brought into operation all of which bear to some extent on RSI/WRULD.

and:

It seems to me that whatever criticisms there may be over the methodology this area of industrial and workp1ace disorders has acquired a significant momentum of its own, and, spurred on by the European Commission, the Government has by the 1992 Regulations imposed considerable changes in the way that employers will henceforth be obliged to manage the organization of work.

There is also a brief reference to HSE guidance:

The gathering pace of information and concern [about RSI/WRULD] can be seen from a direct comparison of the HSE MS10 document in 1977 and the HSE Guide of 1990. The one is tiny, the other substantial.

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Trigger Finger | Using Powered Hand Tools | SOC Major Group 8 | SIC Major Classification C

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Last updated: 16/10/2009