23 June 2009
Man wins right to appeal for compensation over spinal injuries
A man who suffered spinal injuries after being tackled while playing football has won the right to appeal against a decision that he could not pursue compensation.
Andrew Kerr will now be able to take his case against the man responsible for the tackle, Ged Willis, to a day-long hearing before three appeal court judges, the Manchester Evening News reports.
The 57-year-old was playing a football game at a sports centre in the Rochdale borough of Littleborough, Greater Manchester in February 2005 when the incident occurred.
He collided with a wall after being challenged and suffered damage which has left him tetraplegic and confined to a wheelchair.
Previously, a high court judge dismissed his claim that he had been pushed or otherwise propelled from behind by Mr Willis.
However, during a recent appeal court hearing in London, Lady Justice Smith granted him permission to challenge this.
She said: "It does appear that [the judge] has not dealt with Mr Kerr's alternative argument that Mr Willis was negligent in having made any tackle or challenge at all, so close to the wall of the sports hall."