Saturday, June 28, 2014

Woman's stubbed toe on 'keep off the grass' sign left man with £27,000 legal bill

A man has been handed a £27,000 legal bill after a woman stubbed her toe on a “please do not park on the grass” sign outside his house. Former professional footballer Malcolm White claimed he did not erect the sign. But Lincoln County Court heard that the warning to motorists, on a road where people often park on the verges, was put up by him on Meadow Lane in South Hykeham. Mr White will now have to pay from his own pocket because his insurance company will not cover him.

And it was a disputed statement from his wife Valerie that led to the court finding against Mr White for an incident that left a 40-year- old mother with a deformed toe. Emma Grady was collecting her daughter from South Hykeham Primary School at 6pm on Monday, November 12 2012 when she tripped on the sign. Miss Grady claimed she tripped in the dark, exposing a rusty nail which partially ripped off the toenail on her left big toe. Her nail took six months to grow back but is now deformed and difficult to cut, the court was told.



Mr White, 73, denied he had put the signs on the grass and claimed they had been there for “a long time”. The court heard he thought “nothing of them and mowed around them”. But in a phone call with Miss Grady’s lawyer Katherine Trafford, whose contents were read out at court, the judge heard that Mrs White said her husband put the signs up as a favour for everyone else on the lane. The wife later denied saying this. In a statement, Patrick Tedstone, solicitor for the Whites, said: “It’s a sad day for Mal and Val. They are leaving the village this week after more than 30 very, very happy years, to be closer to family.

“They are very disappointed with the judgement and with the costs, too, but they will respect the judge’s decision. They wish everyone in the village well.” District Judge Chris Cooper said: “This case comes down to whether or not Mr and Mrs White or Mrs Trafford is telling the truth. It is clear that the claimant suffered sizable injury after the accident. I am satisfied that it happened in the way that she said it did and she stubbed her toe on the offending sign. I am also satisfied that the signs caused a public nuisance. A pedestrian does not have to look at their feet when going about their business.” District Judge Cooper awarded Miss Grady £2,541.35 in damages. Mr White was ordered to pay £24,874.39 costs.

No comments: