WRULD Claims heard in Courts in England, Scotland and Wales

Hearing(s) - Carney - v - Trafalgar House Interiors Ltd

Date	Court	Claimant(s)	Task	Injury	Judgment for
22 May 1997	Croydon County	Carney	DSE use: database data input	Lesion in Wrist and Hand, Unspecified	Plaintiff

In this case, Gloria Carney alleged that she had suffered an injury to her left hand and wrist from inputting data into a computer in early 1992. It is clear from the opening paragraphs of the Judgment that the Plaintiff's injury was initially pleaded as Tenosynovitis, but that during the course of the hearing the Judge granted an amendment for the Plaintiff to plead "in the alternative that if injury was not tenosynovitis then it was some other lesion which has not been identified or named by the medical profession, but nevertheless existed in her wrist and hand". Later in the Judgment there is reference to the fact that "nobody in this case has used the expression RSI to describe the plaintiff's problem".

After a lengthy review of the arguments in Mughal -v- Reuter, Moran -v- South Wales Argus and the Court of Appeal Judgment in Pickford -v- Imperial Chemical Industries plc about what constitutes an 'injury' in cases of this type, HH Judge Coningsby QC reviews the medical evidence in this case and concludes that:

"... the whole of that evidence, while not sufficient to establish tenosynovitis, is in my finding amply sufficient to establish a physical condition albeit that it cannot be classified";

and that:

".... she has established negligence and she has established causation in terms of (a) the existence of a physical condition and (b) the fact that it was brought about by her work ....".

This Plaintiff's successful claim does not appear to have received any coverage in the national press.

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Last updated: 27/03/2014