An ex-tunnel labourer was awarded more than £125,000 against
Balfour Beatty in the High Court last week after being condemned to
"a life of excruciating pain" following an accident with a crane in
1990.
Mr Gerald Elias QC ordered that £2,500 should be paid out
immediately to Eugene Sutton, 34, a former miner "in part
satisfaction". An order was made that £41,400 should be repaid
to the recovery unit of the Department of Social Security.
Sutton was represented in court by Mathias Kelly, who said that his
client had wanted to join an "elite band of highly-paid tunnel
miners" before the accident on June 27, 1990.
Sutton claimed damages for negligence against contractor Balfour
Beatty following the accident that happened when he worked on the
reconstruction of London Underground's Angel tube station on 27
June 1990. The contractor denied liability.
Kelly claimed that a crane driver had behaved "irresponsibly"
before the accident by operating a crane when it was unsafe to do
so. The action led to Sutton being knocked on to rails by the
crane, injuring his back.
Sutton told the court he had indicated to the crane driver, Kevin
Cooney, not to operate the controls until he signalled.
"As I'm trying to put the safety catch up on the skip, Mr Cooney
takes it up. I shouted 'Whoa!' when he tried to correct it.
"I think he pressed the wrong button, it came towards me, I lost my
balance and fell onto the track."
Sutton has been unable to work for eight years because he could not
walk for long periods. He attended hospital regularly until
February 1996, when he had an operation to remove a bone at the
base of his spine.
"It provided him with a life of excruciating pain until then," said
Kelly. Following surgery Sutton now works as a cleaner.