Last updated on August 18th, 2015 at 03:53 pm

Stephen tripped in the 7cm pothole on Salisbury Road in March 2011 whilst crossing the road to retrieve his Labrador which had jumped over the wall of his home.  Having already complained to the council about the pothole – with no response – previously, he knew it was there, but had completely forgotten about it. Stephen hurt his knee and ankle and his wife helped him hobble back to the house.  After a day’s rest and cold compresses the swellings had not gone down and Stephen attended Rotherham District General Hospital, where he was diagnosed with a torn ligament in his right knee and a bruised ankle.  He was strapped up, advised to take painkillers and use a cycle motion to improve the knee joint stability.

Cycling and swimming didn’t improve his knee at all and Stephen’s GP referred him back to hospital for an MRI scan which identified a significant tear to the meniscal cartilage which would need surgery.  The investigations also identified that the injury was likely to accelerate the onset of arthritis in Stephen’s knee (which as a previously fit and healthy person, Stephen had no idea existed!).  The initial surgery didn’t go too well, with residual abnormal swelling in the knee, and drugs, pain management and steroid injections didn’t relieve the symptoms, so a further operation was necessary 9 months later.

On crutches for several weeks, Stephen was not able to do his job as a first aid and health and safety trainer for some time, nor was he able to take part in his sport of scuba diving, which he also taught – indeed he has not yet been able to return to the sport.

With children at home, including a disabled son Zac, life was very difficult for Stephen and his wife, who also suffered a still birth after Stephen’s accident.  Zac was born prematurely with tracheobronchomalacia, a condition where the cartilage in his windpipe is too flaccid and can lead to it collapsing as a result of breathing.  He underwent a tracheostomy so he could be attached to a ventilator 24 hours a day.  Stephen and his wife were trained to care for Zac, who is now permanently ventilated at home – and are the only people who can do it.  After the accident Stephen was unable to provide his usual help and also needed help himself from his wife and wider family.  Life was very difficult for the family.  Now recovering, although still with some difficulty in the knee, Stephen is busy trying to keep up with his active 2 year old Zac, and says that the help that he has had from the Lions and the Royal British Legion (as an ex service-man), as well as his own insurance company has been invaluable in helping him deal with his injury and looking after his son.  (You can read more about Zac on Sheffield Children’s Hospital website at http://bit.ly/UFiO9l)

As RMBC did not respond to Stephen’s original complaint about the road, he contacted Sheffield Graysons WE’s personal injury specialist, Jonathan West, who pursued the council.  RMBC denied the claim, saying that there had been no defect in February 2011, when they had inspected – despite Graysons WE providing photographs of it taken in April 2011.  There was evidence that the pothole had been there for at least a year.  Jonathan took the case to trial in Rotherham and won Stephen’s case – with the judge criticising the council’s systems.

Stephen says that he was more than happy with the outcome and with the service he received from Jonathan, saying “it was a long process, but the monthly updates from Jonathan were really appreciated.”

For help and advice on any kind of accident or injury, please contact Graysons WE’s personal injury specialists now.