Gardener claims £25,000 damages for work related deafness
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The Claimant, Mr Sayers has alleged that his hearing was damaged by 30 years work as a gardener on a country estate owned by Baroness Chelwood.
During his employment Mr Sayers was exposed to noise from the use of lawn mowers, chainsaws, strimmers and power tools. Mr Sayers was employed from 1981 - 2000 at Chelworth House in East Sussex.
He started to suffer from ringing in the ears, known as tinnitus and is alleging his hearing has been reduced by 45% and as a result is seeking damages on or around the sum of Â£25,000.00.
The claim was defended and in fact was struck out in 2011 by a County Court judge who ruled Mr Sayers claim was time barred because he did not commence proceedings until July 2008 and that the Defendant, Lady Chelwood was prejudiced due to her advancing age and associated problems she faced in giving evidence. Mr Sayers alleges that he was told in 2005 that his hearing loss could be age related and had not realised until years after leaving his employment that it could be related to his employment.
Mr Sayers has appealed this ruling and the case was heard on the 5th November 2012. The Court of Appeal have reserved their Judgment until a later date.
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