We have settled a claim against a private land owner for the spinal cord injury and subsequent death of a gardener arising from the fall of a decayed horse chestnut tree.
The tree fell without warning on the gardener crushing him while he was at work. He sustained a serious spinal cord injury leaving him paraplegic. He spent a prolonged period in hospital before returning home where he was largely dependent upon his wife for care. He was unable to consider any form of employment and suffered significant pain and other health difficulties as a result of the injury.
Over time, he developed problems with his lungs and, ultimately, died as a result of broncho pneumonia related to the spinal cord injury part way through the litigation process.
He had suffered an unusual but recognised side effect of one of the anti-spasmodic drugs which he had been taking. This caused the lung damage which, together with his physical limitations from the spinal cord injury, led to his death.
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