A grandfather who needed to have his fractured leg amputated after he fell into a hole in a park has won £160,000 in compensation.
Edward Tuffrey, 67, was walking his dog in Suffolk Road Recreation Ground, Barnes, when he suffered the life-changing accident.
The former window cleaner went through years of agony when medics discovered a metal plate in his leg had snapped and caused an infection.
Mr Tuffrey, who lived in Barnes Avenue, Barnes, said he cried when doctors broke the news they needed to amputate.
He said he was pleased with the financial settlement from Richmond Council, but added: “I would rather have my leg back.
“It has been traumatic. What price do you put on a body part?” He fell in the 10in hole and fractured his leg in three places as his dog played in the park on May 21, 2006.
Doctors inserted a metal plate but it later broke, causing huge complications.
Mr Tuffrey said he had nine pins in his leg for nine months and then had it in plaster for a year, but it did not heal and the hospital decided three years ago to amputate. The father-of-two, who now has an artificial limb, said: “It was terrible for my wife as she had to put up with it as well.
“I’ve always been an active sort of bloke. I worked for myself as a window cleaner for 25 years.
“It’s been going on for five-and-a-half years and we’d just had enough. As you get older there’s only so much you can stand with the stress.
“Money doesn’t compensate for the trauma we’ve been through but we want it to finish so we can get on with our lives.”
Mr Tuffrey, who has now moved to West Sussex, said he and his neighbours had repeatedly complained to Richmond Council about holes in the park.
He was shocked to find them still there when he visited this week.
The authority denied it was responsible for the accident but a judge at the Mayor and City of London Court ruled in favour of Mr Tuffrey in October last year. The council disputed the decision and the case was due to be heard in the Court of Appeal on December 21, but it agreed the settlement on Thursday, November 10. Mr Tuffrey’s lawyer Philip Holt, principal at Stone Rowe Brewer, in Church Street, Twickenham, said: “They vigorously defended it from day one but they must have known they didn’t have a proper inspection regime in place.”
Councillor Virginia Morris, cabinet member for environment at Richmond Council, said: “The council was granted permission to appeal the original decision, which went in favour of the claimant.
“However, based on legal advice, we considered that an unsuccessful appeal could add significant extra costs to this already long and complex case. This would not be in local taxpayers’ interests.
“With that in mind, we decided to negotiate a settlement out of court to bring an end to the matter. The area in Suffolk Road Recreation Ground continues to be inspected and monitored by the council and there has been no similar claims submitted to the council since.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here