Sinclair Gibson LLP

Sinclair Gibson LLP

Lawyers

Catherine Smith

Catherine Smith

Work Department

Personal Injury

Position

Catherine is a Senior Associate FCILEx

Career

Catherine has been with the firm for 28 years and works within the Personal Injury team. She  expertise across a wide range of personal injury claims including serious road traffic accident, cyclist claims, accidents at work and criminal injuries claims. She has a particular interest in Holiday and Travel claims and accidents suffered abroad.

Catherine is well known for her caring and understanding manner, ensuring that her advice is clear and professional.

Work highlights The claimant had booked a package tour holiday to in Spain with friends. The holiday was booked on the internet and initially enquires had to be made to establish whether the holiday fell under the Package Tour Regulations. Whilst sitting on a chair in the apartment they had booked the claimant suffered injury catching his left heel on the bottom rung of the chair as he stood up. The bottom rung consisted ofa very sharp metal strip which partially cut through his achilles tendon. A letter of claim was sent and after an initial six month investigation period the Defendant Tour Company accepted responsibility for the claim. The claimant who was a student at the time was unable to take up the offer of summer employment that he had on his return and evidence had to be obtained in order to prove that loss. The claimant was working for the defendant company carrying out  a body service/inspection on a truck in the workshop. The claimant was asked by another member of staff to help on a top loader vehicle as he was having trouble opening a rear door. The claimant was standing at the rear of the vehicle facing towards it when the tail gate suddenly sprung up hitting him in the chest throwing him approximately 10ft across the yard. The claimant landed on the concrete floor striking his right shoulder and head. The claimant sustained a moderate closed head injury, with right skull fracture and right temporal lobe brain contusion; damage to olfactory nerves causing anosmia, i.e. complete loss of sense of smell; Injury to right shoulder; injury to the right side of neck and a traumatic abdominal hernia. The defendant accepted primary liability as employers however alleged that the claimant was 30% contributory negligent. They alleged the claimant should have maintained a safe distance so as to prevent the risk of injury. The claimant refuted their allegations and stated that the workshop was poorly managed which had resulted in the incident he did not accept he was in any way responsible. The defendant returned with an offer of 25%. Witness evidence was obtained and the defendant finally admitted liability in full.

Languages

English

Memberships

Fellow of the Institute of Chartered Legal Executives

Mentions