In November 2008, Graham Parkin, an employee of Kendal Varley Ltd, was working on a construction site in West Yorkshire. He fell 3m from a terrace retaining wall as he was accessing a work area. There were no guardrails in place to prevent falls. He suffered a fractured spine and now has long-term disability problems.
K suffered injury when he slipped on the ungritted part of an ice-covered bus yard while he was spreading grit with a barrow and shovel. He claimed compensation from his employer, R, and from Y as owner of the premises. At first instance, the judge ruled that the Manual Handling Operations did not apply. K appealed to the Court of Appeal.
K, an ambulanceman, and a colleague, were using a carry chair to take a patient down awkward stairs. The chair had a carrying rail on its back, wheels on the back legs, and carrying handles on the front legs. K was at the back of the chair.