Inspector partly blamed for his injury (From Witney Gazette)

Inspector partly blamed for his injury

8:38am Thursday 23rd March 2006 in Witney By Rosalind Miles

AN abattoir inspector for a Witney meat company will get compensation after he slipped and injured himself but failed in a bid to increase his damages claim significantly.

Mark Wellsok, 47, was an employee of the Food Standards Agency (FSA), working at Mutchmeats, Newclose Lane, Witney, when he slipped in a disinfectant tray on May 9, 2001.

He dislocated his right shoulder, and suffered permanent injuries when he slipped on the tray which was being used as an extra safety precaution during the foot-and-mouth crisis.

He sued both the FSA and Mutchmeats. At a Oxford County Court hearing last year, a judge ruled they were liable, but said Mr Wells was 40 per cent to blame for his own misfortune.

He said Mr Wells knew the trays were slippery, and should have taken more care, and ruled his compensation would be reduced by that proportion.

But Mr Wells took the case to the Court of Appeal, London, arguing he was only 20 per cent at fault, hoping to have his claim increased.

Lord Justice Gage decided Mr Wells was one third to blame.

He said: "The judge was quite correct that Mr Wells was guilty of negligence. He was aware of the existence of the tray, and he must have crossed it on many occasions.

"He must have been aware that, if empty, it would have been unstable."

The amount of compensation Mr Wells will receive has not yet been agreed.