Gabriel Assaf –v- Metronet Rail
The Claimant in this action claimed damages for psychological trauma as a result of an incident on 5 July 2007. On this date the Claimant was a passenger on a Central Line tube railway carriage which became derailed between Mile End and Bethnal Green Station. The train had become derailed when electrical wires wrapped in a tarpaulin had fallen from an unlocked tunnel on to the train track. The Claimant was situated in the front carriage and as the train was derailed the train tilted to its side and plumes of smoke and dust filled the carriage.
The Claimant became concerned that there had been a bomb on the line as there was smoke and an intense smell of burning. The Claimant and other passengers walked to safety. As a consequence of this incident the Claimant had nightmares for 2 months and was unable to travel by tube for several months.
Initially the tube operators denied liability on the basis that the Claimant had suffered no physical injury and therefore was not entitled to damages. A psychiatric report was obtained which confirmed that the Claimant has suffered severe specific phobias whilst travelling on the tube for a period of 6 – 9 months. The Claimant secured an award of £2,800 in respect of damages including the cost of counselling that she had undertaken.
The claim was dealt with under a Conditional Fee Agreement.