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Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) [2009] EWCA Civ 1404 (21 December 2009)


Employer Liable For Second Accident Of Former Employee Suffered Several Years After First Accident At Work:The Court of Appeal upheld the Judge's decision that the Appellant employer was liable for the injuries sustained by its former employee in a second accident which occurred several years after the first accident at work. As a result of the first accident the Respondent had his leg amputated. After the amputation, the Respondent tripped and fell at a petrol station, thereby causing him to be permanently confined to a wheelchair. The Respondent's contributory conduct (in not summoning help or using his stick or prosthesis) in respect of the second accident was not such as to break the chain of causation between the Appellant's negligence and the second accident as it fell below the high degree of unreasonableness required by McKew v. Holland & Hannen & Cubitts (Scotland) Ltd (1969) 3 ALL ER 1621.