Karen went to her daughter’s school to collect her 5 year old daughter at 3.15pm. The school had brought in contractors who were busy fencing off the car park area, and at the time the contractors were busy excavating post holes for the fences. Unfortunately, they left rubble strewn over the path where Karen was walking, and she tripped and fell over a piece of rubble breaking her left elbow. The injury was a very complicated one and required an operation to put plates and pins in the joint but, because the joint was badly damaged, Karen never achieved a comfortable movement in the elbow and suffered considerable pain. Thereafter, she had to undergo further operations. Despite having such a nasty injury, Karen continued with her usual occupation. The loss of earnings claim was therefore minimal. The claim was settled for £67,000 plus costs.



