Compensation for HGV driver following assault by dairy worker

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Our client was assaulted during his working day and his union referred him to Thompsons so that we could pursue a claim for personal injury compensation on his behalf.

The background

Mr Mark Radigan is an HGV driver employed by Viridor Waste Management. On 25 October 2017, as part of his working day, he had attended a garden centre to empty the bins. As he attempted to leave the site, a white van was blocking the gates and the driver had got out of the vehicle.

Mr Radigan realised that the he would not be able to drive his vehicle out of the gates to carry on with his working day, so he crossed the yard to ask the driver if he could move the white van. After a short exchange regarding whether our client would be able to drive his HGV through the gap, the other driver became aggressive. Mr Radigan decided to return to his van, but was followed by the other driver who then proceeded to punch him forcibly and knock him to the ground, at which point the assault continued.

The consequences

Mr Radigan suffered lacerations, bruising and swelling to his face, as well as grazing to his limbs. He suffered PTSD as a result of the attack.

It was later discovered that the other driver had been working for Graham's Dairies at the time of the attack. He was charged, and convicted of assault at Stirling Sheriff Court.

Thompsons considered Graham's Dairies to be vicariously liable for the actions of their employee during the course of his employment. We intimated a claim against them for personal injury compensation for Mr Radigan, however, the defender denied liability stating that it was their opinion that Mr Radigan had instigated the incident.

Thompsons sought supporting evidence from the attending Police Officer who confirmed that Mr Radigan was assaulted by the other van driver and we raised a claim at the All Scotland Personal Injury Court.

The settlement

The defender initially put forward a settlement offer of £3,000 which was rejected by Mr Radigan on our advice. A further offer was tendered in the sum of £5,000. However, while our personal injury solicitors considered it to be a reasonable offer we considered it to be less than our client would be likely to receive if the case went to court.

Subsequently, a further offer of £6,750 was made to our client and following a discussion with Thompsons solicitors, he was pleased to accept the offer.

Settlement was agreed on 10 June 2021.

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