Rail commuter who lost legs in fall has £1.9m claim rejected
- Published
A commuter who had to have his legs amputated after falling between a train and a station platform has lost his £1.9m compensation bid.
Matthew Robinson, 34, left his £3,000 season ticket on the train at Bishop's Stortford station and was looking for it through the window when he fell.
The IT worker, who uses a wheelchair, had his claim against Greater Anglia Abellio rejected by the High Court.
Judge Martin McKenna said Mr Robinson "chose to put himself in danger".
After the city worker lost his footing and fell into the gap, the train ran over both his legs, causing the loss of one above the knee and the other below.
Mr Robinson, from Bishop's Stortford, sought damages from the station operator, claiming not enough was done to ensure his safety.
But at the London hearing, Judge McKenna said he would have "heard the 'mind the gap' announcements on numerous occasions".
"He was stressed and agitated and anxious to recover his season ticket - he chose to place himself in a position of very real danger as the train was leaving the station," he said.
"He was well aware of the existence of the gap, that the train's doors had closed and it was therefore about to depart.
"Whilst there is no doubt Mr Robinson sustained very severe and life-changing injuries, he is an adult who used the station on a daily basis."
Mr Robinson had been on his way home when he was injured in the fall in January 2013.
Judge McKenna ruled that neither the train's driver - who did not see the accident and carried on moving away from the station - nor platform staff were in any way at fault.
Greater Anglia Abellio has said it will not be commenting on the case.
- Published9 February 2018