Gavin Pugh, aged 33, was working as an electrical linesman when he fell 50 feet from a pylon he was working from and was left paraplegic from a spinal cord injury.  

Warren Maxwell, a partner in our Personal Injury department, represented Gavin with assistance from James Philpott and Gurkirn Matto. Stewarts instructed Gerard McDermott KC and Tom Gibson of Outer Temple Chambers.

The case

Gavin, an experienced electrical linesman, was attached to an electricity pylon by a harness and rope when the strut he was clipped onto came loose and he fell to the ground. The Health and Safety Executive investigated and found that a nut connecting the strut to the pylon had been removed by another crew that had worked on the pylon previously, a fact not known to Gavin.

Gavin’s employer had failed to take reasonable care of his health and safety while at work. Consequently, Gavin brought a claim against them for compensation. After Stewarts made contact, his employer quickly recognised that fault for Gavin’s fall rested with them and admitted they were to blame.

Injuries sustained and the impact on Gavin’s life

Before the incident, Gavin was an active, sociable person who enjoyed his job. He was a keen fisherman who owned his own fishing boat. He enjoyed the countryside near his home in Wales.

As well as the spinal cord injury, Gavin also sustained a mild brain injury, fractures to his neck, shoulder and ribs, and several lacerations to his head. He also sustained injuries to several internal organs.

Gavin’s injuries have affected every part of his life. He is now reliant on a wheelchair and will not regain the ability to walk. The incident has left him not only with life-changing physical limitations but also significant psychological consequences.

Admission to hospital

Following the fall, Gavin spent over seven weeks in hospital, where he received intensive inpatient treatment. After this, he was admitted to a private rehabilitation facility, STEPs, for five months. Stewarts secured funding for the stay from Gavin’s employers.

Gavin then moved into rented single-level accommodation while waiting for a bespoke bungalow to be purchased and adapted.

Rehabilitation

Warren Maxwell and his team secured funding for Gavin’s rehabilitation by way of interim payments from the defendant, totalling £1.7m. This has allowed Gavin to fund his private rehabilitation, care, equipment, accommodation and transport needs.

The interim payments enabled Gavin to appoint a case manager, occupational therapist, physiotherapist, personal trainer, and neuropsychologist, as well as to fund a 24/7 live-in care package, ensuring he was supported and safe around the clock.

Experts and settlement

Expert evidence was obtained by both parties to assess Gavin’s long-term care needs.

Due to the complexity of Gavin’s injuries, Stewarts instructed nine experts, covering care, spinal injuries, neuropsychology, physiotherapy, income loss, gastrointestinal issues, transport, occupational therapy and orthopaedics.

The parties worked together toward a settlement meeting where Gavin’s case was resolved for an eight-figure sum. This meets Gavin’s lifelong disability needs and replaces his lost income.

Life beyond injury

Following the settlement, Gavin is focused on adapting and moving into the bungalow he purchased during the claim.

During his rehabilitation, he met his partner, who has supported him throughout his journey. Gavin and his partner are now looking forward to moving in together.

He is comfortable knowing that he has sufficient funds to support and meet his needs for the rest of his life, focus on his rehabilitation and move on to a brighter future.

Gavin’s testimonial

Gavin says:

“The fall turned my life upside down. I wasn’t able to work or go out with my friends; my life fell apart. The interim payments helped massively. I wouldn’t have been able to do anything without them. They made sure I was able to pay for any treatment or rehabilitation that I needed. They also helped in securing my new bungalow.

“The settlement ensures I’m comfortable for the rest of my life and that I’ll be looked after. Without it I would have been in a very difficult position, so I am so grateful for it. I’ve been able to get back into some of my past hobbies; I’m fishing, and I’m able to get out and about. I’m able to go out with my friends again and enjoy myself, albeit not to the same extent, but I’m still happy.

“Stewarts has been fantastic. Warren and his team were exceptional at their job and made sure my case was dealt with properly. They were responsive and ensured that my needs were handled quickly and efficiently. Everyone at the firm was very friendly and easy to deal with. They replied to me quickly, and were understanding of my situation. Everyone was brilliant.”