Mr P had just exited his car, having parked it in the car park of his home, when a branch from a nearby tree fell onto him striking his head and neck, causing him to fall to the ground unconscious. Mr P and his wife contacted Eduardo Fontoura to pursue a claim for personal injury after being referred to him by a close friend who Eduardo had previously acted for.

As the tree was located on premises owned by Thames Valley Housing Association, Eduardo promptly wrote a Letter of Claim to them citing negligence on their behalf. One of the reasons relied on was the common law doctrine of Res ipsa loquitur which translates to “the thing speaks for itself”. Essentially, had the tree been maintained appropriately, then the accident could not have taken place.

Liability was denied by the Thames Valley, who alleged that a tree survey of all trees on the estate where the accident took place had been conducted  with subsequent visits by a tree surgeon a year before the accident. They alleged that they had acted reasonably as a result of this and denied liability on that basis. Several documents were disclosed by Thames Valley in support of their denial.

Mr P and his wife had made several complaints about the tree and the danger the falling branches caused to the public to Thames Valley prior to the accident occurring and also complained to them following the accident. Thames Valley undertook an investigation which confirmed Mr P’s earlier complaints and that had the complaints been acted upon the accident could have been avoided altogether. Whilst a letter confirming the outcome of their investigation had been sent to Mr P, the letter was not provided to Eduardo in the initial disclosure.

Upon discussing the claim with Mr P and having found out about the investigation, Eduardo Fontoura requested that Thames Valley either, admit liability in full or; provide him with all documents relating to the accident and all reports and recommendations from their investigation following Mr P’s complaints. Following Eduardo’s requests liability was promptly admitted by Thames Valley.

This matter highlights the need for solicitors to ensure that disclosure of documents pertaining to the matter in question is given in full by defendants.

Mr P experienced post-concussion symptoms and psychological symptoms as a result of the accident. The matter was settled out of court with Eduardo negotiating a settlement of £20,000 in damages for Mr P and a further £11,632.14 in costs.