Claimant fruit picker’s employer found negligent but not the third party driver who drove into collision with him - Andrew Ratomski, Temple Garden Chambers
16/05/25. Radoslav Pashamov v (1) Leon Taylor and (2) Edward Vinson Limited [2025] EWHC 1035 (KB)
Date of judgment: 30 April 2025
Simon Tinkler sitting as a Deputy High Court Judge recently handed down judgment on liability in a claim for personal injury brought against a third party driver and the Claimant’s employer. Both the accident circumstances and the treatment of primary liability and contributory negligence were relatively novel.
The facts
The Claimant, Mr Pashamov, was employed by EV Limited, the Second Defendant. He worked on a farm growing fruit. At the end of his shift, he was returned by a bus provided by the company to a caravan site where he was living.
On 23 June 2020 after first picking up Mr Pashamov, the bus made a second stop at the side of a rural main road to collect other employees. He got off the bus and proceeded to cross the road to let those employees know the bus had arrived. When he was halfway across the road, a car driven by Mr Leon Taylor, the First Defendant, collided with him and he was thrown into the air. Mr Pashamov was in hospital for a month and had not worked since the accident.
Each party’s case
The Claimant’s case against the First Defendant was that his...
Image ©iStockphoto.com/Hirurg
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
