Pennington v Surrey County Council and Surrey Fire and Rescue Service - Personal Injury and PUWER - CA 9.11.06
By a two to one majority, the Court of Appeal has dismissed an appeal in this personal injury case. The Chichester County Court had ruled that Surrey County Council (specifically the fire and rescue service) were liable to Mr Pennington, one of their rescure crewmen. He had attended a road accident, and was using a hydraulic tool in an attempt to free a lorry driver who was trapped in his cab (and who later died). Mr Pennington got his finger caught in part of the tool and it was crushed. The tool was similar to one on which he had had training but was not identical to it.