Lambeth - v - Bournemouth & Swanage Motor Road & Ferry Co
| Claimant | Geoffrey Lambeth |
|---|---|
| Job title | Toll Booth Operator (SOC 2000: 7121) |
| Task description | Collecting tolls from motorists |
| Injury | Exacerbation of osteoarthritis, left shoulder, neck & spine |
| Defendant(s) | Bournemouth & Swanage Motor Road & Ferry Co (SIC 2007: H50) |
| Court(s) | Bournemouth County |
| Case No. | BS202 |
| Date | 25 Mar 2004 |
| Judge(s) | His Honour Judge Iain Hughes QC |
| For Claimant | |
| All Claimants | Geoffrey Lambeth |
| Solicitor | Pattinson & Brewer (BS1 4DH) |
| Counsel | Mr Adrian Posta |
| Non-Medical expert(s) | Mr Geoffrey Laycock (Ergonomics) |
| Medical expert(s) | Dr Alastair G Mowat (Rheumatology) |
| For Defendant | |
| Solicitor | Morgan Cole (CF10 3DP) |
| Counsel | Mr David Platt |
| Non-Medical expert(s) | Mr Ian A R Galer (Ergonomics) |
| Medical expert(s) | Prof John Shearer (Rheumatology) |
| Outcome | |
| Judgment for: | Defendant |
| Injury found: | No |
| Work related: | No |
| Breach of Statutory Duty: | No |
| Defendant negligent: | No |
| Damages | |
| General: | |
| Special: | |
| Other: | |
| TOTAL: | |
| Observations | |
| References | |
| References to and/or Interpretations of Regulations and HSE Guidance Documents | |
| The Judgment in this claim makes reference to the Manual Handling Operations Regulations, only to note that they did not apply to this action. There are also references to the Health and Safety (Display Screen Equipment) Regulations, which also did not apply. However, in April 2000 the Defendant had commissioned a report on the toll booths from an Ergonomics Consultancy, which among other things suggested that the Health and Safety (Display Screen Equipment) Regulations did apply to the toll booths. The criticisms set out in the report of the Ergonomics Consultancy were adopted by the Claimant's Ergonomics Expert. There are also references to the Provision and Use of Work Equipment Regulations and to the Workplace (Health, Safety and Welfare) Regulations, but these are not of any significance. There are no references to the HSE's guidance on any of the Heath and Safety Regulations referred to in the Judgment. V1.01 | |
| Regulations | |
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Osteoarthritis | Light manual work | SOC Major Group 7 | SIC Major Classification H
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Last updated: 16/10/2009