The Westbourne Pub in London

Claimant seeks £4.2m in personal injury compensation after tripping over in beer garden

The owners of a London gastropub have been taken to court for alleged damages caused by a boundary-spanning rope which was used to define the perimeters of The Westbourne, which is situated in Notting Hill.

Human Resources consultant, Carmen Mazo claims to have fractured her wrist as a direct consequence of tripping over said beer garden boundary-dividing rope, and is now in the process of pursuing compensation for the career-compromising personal injury she suffered in 2009.

Mazo is said to be seeking financial damages from The Westbourne’s artist-proprietor, Sebastian Boyle, for the sum of a staggering £4.2 million, citing that in her position of a HR consultant she would have expected to be earning in the region of £700 a day by this stage in her envisaged career, had it not been cut short by the incident for which she’s claiming that Boyle was negligent.

According to Mazo, she has subsequently endured what she describes as post-traumatic arthritis, together with the physical manifestation of unsightly scars as the legacy of the fall, which has contributed to put an end to what she believes would have been a lucrative career.

In addition to this, Mazo also told The Guardian that both her mental health and social life have been significantly affected for the worst, which helps explain why she has pressed ahead with the personal injury claim in the intervening period.

Having said that, back in 2013 Mazo admits that she originally accepted an initial compensation payout of £156,871 by Central London County Court, after successfully bringing a previous case against the pub’s operators, which saw them confirm their liability for the accident. However since then Mazo has arrived at the conclusion that this fiscal award failed to accurately represent the figure that such an injury – and moreover the career impact of – warrants, hence why she’s been granted permission to appeal.

Defending her own corner (in a none-legal sense), Mazo counters any potential criticism over the amount of personal injury claim she’s pursuing by stressing; “The fact that I have been left with major scarring on my wrist, which to an unsympathetic observer might look like I am prone to self-harm, is very distressing for me … My career has always been my refuge to block away unpleasant circumstances in my personal life, but now I am finding that because of a bartender’s irresponsibility I could end up with no career or purpose in life.”

The Guardian says the injured party has not returned to her previous role for months after the accident 7 years ago, and only then being forced into throwing in the towel 3 years down the line; and now insisting that she’ll have to retrain for an altogether new occupation from the bottom up. Explaining how her transient mood swings have become more commonplace and volatile, Mazo compares them to a rollercoaster ride, and goes on to add how the accident essentially destroyed her work and social life so much so that she fears she’ll never recognise her former self.

Mazo’s claim for more than £4.2m in projected losses was rejected at the county court hearing first time around, with accusations that the extent of the injury sustained didn’t justify her decision to quit her job, however she’s been afforded the legal platform to revisit this case courtesy of the appeal court ruling which upholds the loss-of-career point raised from the outset of proceedings.

 

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