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Employer Liability Case Concluded By Personal Injury Solicitor

04 March 2014

My client was a Visitor Manager at HMP Preston. During an incident between a visitor and a Security Officer, my client was subjected to a verbal assault and 'false imprisonment' within her own office when the Security Guard shouted and threatened her to such an extent that my client feared for her safety.

My client suffered PTSD. She had a pre-existing history of stress and depression, and the incident triggered a reaction within my client that meant she could not return to work and she was ultimately retired on capacity grounds.

Liability remained firmly denied.

My client’s medical expert initially supported her to the extent that 80% of her PTSD was said to be due to the incident. The Defendants expert believed that my client’s vulnerability would have caused a relapse of her condition in any event absent the incident.

The joint statement of experts limited my client’s symptoms to 50% of her accident related PTSD for an 18 month period only. My client was in receipt of a Civil Service pension that meant that any loss of earnings claim was wiped out. There were minimal other losses.

The case was due to proceed to trial, but on the liability evidence Counsel had advised that there was a less than 50% prospect of success and negotiation was the only way to conclude.

Settlement was achieved prior to filing PTCs for a sum plus reasonable costs, which was a better outcome than anticipated. 

Tracey Graham is a Personal Injury Solicitor at Slater and Gordon Lawyers in Manchester.

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