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The family of a Royal Mail driver who was left in a “vegetative state” after he was mowed down by a 7.5 tonne lorry have launched a High Court legal battle against the postal service.
Petar Mitev, 50, suffered “catastrophic brain injuries” when he was struck by an HGV while on a zebra crossing at Royal Mail’s Jubilee Mail Centre in Feltham, west London.
The night shift worker suffered skull fractures, a bleed on the brain and bruising on the brain and was taken to hospital for emergency surgery.
He has remained in the hospital ever since the horror collision which took place on December 12 last year.
Petar, who is originally from Bulgaria, moved to the UK in 2007 and joined Royal Mail 11 years ago.
His family has now issued High Court proceedings against his employer and are seeking damages to fund his ongoing care.
As part of legal submissions, Irwin Mitchell argues Royal Mail is responsible for a number of health and safety breaches. These include that it failed to lay out the depot in a way which was safe for vehicles and it failed to take all suitable steps to minimise or eliminate the risk of pedestrians being struck by lorries.
Royal Mail also failed to take action following previous incidents on Royal Mail premises where people have been struck by lorries, lawyers claim.
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Following the collision Mityo, 54, flew from his home in Canada to the UK where he has remained since.
He said: “I’ll never forget the day I got a call saying Petar had been involved in an accident. I knew he was in a bad way, but nothing prepared me for seeing him in hospital.
“Petar was a strong and extremely active man. He loved fishing, went to the gym every day and was in training for Tough Mudder. To see him go from the brother I knew to the one I saw in hospital was heartbreaking.
“Me and Petar’s partner, Jo, have been by his bedside ever since. We massage his arms and legs, talk to him and play music that Petar enjoyed listening to.
“We’re thankful to the doctors and nurses at the hospital for everything they’re trying to do to help Petar. However, he needs more specialist care.
“The last few months have been a nightmare and we’re praying Petar can pull through. Petar has always been hardworking and loved his job. He was injured at work and the least we think that Royal Mail can do is help support him and give him the opportunity to make a recovery.”
Sarah Griggs, the family’s lawyer, said Petar’s injuries were “avoidable” and accused Royal Mail of failing to take adequate steps to protect its employee.
“Petar suffered catastrophic brain injuries in the collision. Despite the best efforts of doctors and nurses, the hospital doesn’t have the facilities to fully provide the level of complex care Petar requires,” she said.
“We strongly believe that the injuries Petar suffered were avoidable and that Royal Mail should have done more to protect its employee. This has been backed up by the admission of liability.
Ms Griggs went on to say: “Petar faces an incredibly uncertain future.
“Given Royal Mail’s position on providing payments to help fund Petar’s incredibly complex care, we feel we’ve been left with no choice but to bring these proceedings so Petar can receive the care and access the rehab he urgently needs to stand a chance of making the best recovery possible.
“We call on Royal Mail to work with us to resolve this issue as soon as possible. It will also mean Petar’s loved ones don’t have to go through additional upset to what they’ve already endured.”
A Royal Mail spokesperson said: “We are aware that proceedings have been issued. As this is now a matter before the court, it would be inappropriate to comment further at this time.”
