Lorry driver awarded £56,000 in damages after six-figure settlement

A Morrisons lorry driver who received £110,000 in compensation after being injured while moving a pallet has now been awarded an additional £56,000 from the recruitment agency that placed him.

Thomas Ward took legal action against PPF, trading as ADR Network, after the agency argued that his case had been settled by Morrisons’ earlier payout.

Ward had been transporting a 52-foot articulated lorry from Morrisons’ Bellshill depot to a Glasgow store when another vehicle cut in front of him on the M8, forcing him to brake sharply. Upon arrival at Bishopbriggs, he noticed that one of the pallets had shifted forward. In an attempt to correct it before using a pallet truck, the load overbalanced, striking his foot and pushing him off the trailer, resulting in a bone fracture.

Ward returned to work two months later on reduced shifts, and Morrisons settled the claim for £110,000. However, Ward’s expert witness, a health and safety consultant, argued that both Morrisons and ADR Network bore responsibility, citing a lack of supervision and improper procedures. He stated that Ward should not have been involved in unloading the pallets.

In the All-Scotland Sheriff Personal Injury Court, Sheriff Robert Fife ruled that ADR Network had failed in its duty of care.

“The second defender (ADR Network) failed to take reasonable care for the health and safety of the pursuer (Ward). They failed to carry out a suitable and sufficient risk assessment. They did not devise, institute, maintain or enforce a safe system of work. They failed to give the pursuer any training including that the pursuer must not enter the trailer when pallets were being unloaded.”

Sheriff Fife assessed Ward’s total damages at £238,311 but deducted 30% for “contributory negligence.” After accounting for the £110,000 already paid by Morrisons, he determined that Ward’s claim remained valid and ordered ADR Network to pay an additional £56,818.