MICHAEL McLAUGHLIN -v- WILLIAM GRANT & CO LIMITED

Londonderry County Court
7 November 2001
Judge Philpott

This case arises out of an accident on 12 April 2000. Proceedings were issued on 2 February 2001.

The Plaintiff was using a knife to slice open a pig belly on the conveyor belt when the knife in his right hand struck a bone and slipped, cutting the middle and ring fingers to the hand.

The Plaintiff was admitted to hospital for 48 hours and was given a skin graft under local anaesthetic. Skin graft was taken from the right hip and applied to the right middle finger. He wore a dressing on his finger for 4 weeks and was some 2 1/2 weeks off work, which included a holiday period.

A medical report served by Mr Gordon dated 16 November 2000 stated that he had difficulty fishing for 2 months and noted that he had a pale scar but had no restriction or distortion of movement in the hand. It further noted that, while he had suffered some short term inconvenience, he had no long term disability as a result of the injury. He noted that he had an altered sensation and cold intolerance, which he classified as a minor nuisance.

A lodgement of £1,500 was made and the matter proceeded to hearing. On viewing of the scar, there was a raised area and the plaintiff gave evidence in the witness box that it impaired his ability to fish in that he was unable to cast-off due to this raised area.

Judge Philpott refused to accept that his altered sensation and cold intolerance were minor nuisances and held them to be significant. She also noted that the scar was discoloured. On this basis she made an award of £7,500.