David Gibson sues Southeastern for £1m after claiming he lost a leg following breakfast with ‘coughing’ boss
A train station manager who claims he lost his leg after his boss caught Covid-19 at work is suing his employers for £1 million.
David Gibson was a station manager working for Southeastern at Herne Hill Station in July 2021 when he contracted a severe case of Covid, being hospitalized with pneumonia, falling into a coma and eventually having his leg amputated below the knee due to a blood clot.
Mr Gibson, who has worked for the rail company since 2018, claims he contracted the infection during an office check at work and then during a Wetherspoons breakfast with area manager Danny Hackett. Mr Gibson claims he was “coughing” and visibly “unwell” but still failed to wear a mask for most of the time they were together.
The married father of three is suing the London High Court for approximately £1 million in compensation on the grounds that he was negligently exposed to Covid at work.
Lawyers for London and South Eastern Railway Ltd, which trades as Southeastern, deny his claims and deny any accusations about his illness, also insisting that if Mr Gibson contracted Covid at work it was his fault.
In July 2021, the UK was at Step 3 of its Covid roadmap, which included the wearing of face masks, the one-metre social distancing rule and the isolation of close contacts of a positive case.
Southeastern’s policy at the time was to have staff stay home if they had symptoms; They were also told to follow social distancing rules and not congregate in offices.
Lisa Dobie, for Mr Gibson, said in documents submitted to the court that as a key worker he was expected to attend work while there were social distancing restrictions in place, but he always took precautions to avoid close contact with others.
She said she went to work by car and train and “always wore a mask”, adding that “it was her practice” to sit at the front of the train in first class, which was “usually empty” at the time.
“If there was anyone else in the car, it was one or two passengers at most,” Ms. Dobie continued.
“Plaintiff could and would have easily distanced himself from these passengers.”
On 14 July 2021, Mr Gibson was invited to visit regional manager Mr Hackett at his office at Bromley South Station and felt “obliged” to do so. There he found himself in an 8-by-15-foot office with Mr. Hackett and two other people.
“Due to the size of the office and based on the defendant’s procedures in place at the time, only two people should have been in the room at a time,” the lawyer said.
“There were three people in a small enclosed office space before the plaintiff arrived…[They] They were not wearing masks.
“Mr. Gibson positioned himself as far away from others in the room as possible. His mask remained on.”
His manager “coughed a few times” during the conversation but then invited his colleagues to breakfast at a local Wetherspoons.
Ms Dobie said she felt Mr Gibson “couldn’t refuse”.
“During breakfast, Danny Hackett continued to cough as before, sneezing into his hands twice and using his napkin instead of a tissue,” the lawyer said.
“On the way back to the office from Wetherspoons she continued to show signs of being ill. Mr Gibson asked if she was okay and suggested she should go home to get a test.”
“Mr. Hackett did not put his mask back on.”
There were plans for a staff team meeting later that day, which Mr Gibson planned to attend via his computer at Herne Hill, but there was not enough time by then so he stayed in Mr Hackett’s office and attended the meeting.
But before the meeting started, Mr Hackett told colleagues he was “not feeling well and had a sore throat” and asked someone else to lead the meeting.
“He said he hadn’t been feeling well since the previous evening. He continued to cough,” the lawyer said, adding: “Danny Hackett remained in the room for the entire team meeting despite being ill… He was visibly ill and was coughing during the meeting.”
The lawyer said his client was “very angry but could not instruct his superior to go.”
He added that Mr Hackett tested positive for Covid after going to work the next day, and named Mr Gibson as a close contact.
Mr Gibson began feeling unwell two days later and tested positive on July 18. His condition deteriorated and he was taken by ambulance to hospital in Tunbridge Wells on 22 July.
He later developed pneumonia as a complication of Covid and was transferred to the intensive care unit on 24 July before being placed in an induced coma on 29 July.
“Unfortunately, the claimant required a left above-knee amputation due to clotting complications caused by Covid,” Ms Dobie said.
The lawyer said Mr. Gibson was suing Southeastern on the grounds that it was vicariously liable for the actions of Mr. Hackett, who he said “negligently went to work knowing that he was not feeling well and had a new cough.”
He also said he failed to take a lateral flow test before going to work on July 14 and did not leave work on July 14 “while aware that he was symptomatic and unwell.”
“He personally invited his staff to his office without notifying anyone of their symptoms, adhering to social distancing guidelines, and/or limiting the number of people attending at one time.”
Ms Dobie alleged Mr Hackett “turned a blind eye” to the defendant’s policies and national guidance, failed to self-isolate, allowed more than two people into the office and did not wear a mask, and “blatantly disregarded policies and procedures, thereby encouraging staff to do the same”.
Ms Dobie said Mr Gibson was unable to return to work “on behalf of the defendant or any employer” and that his employment with the defendant was terminated on March 31, 2023 “due to ill health”.
Rochelle Rong, of the South East, defended Mr Hackett’s actions and said in her written defense in the case: “It was submitted that prior to the subsequent positive lateral flow tests he had not developed any symptoms which he associated or could reasonably be expected to associate with Covid-19 infection.
“Specifically, it was denied that the plaintiff had developed a new persistent cough, loss of taste and/or smell, and/or high fever prior to the ‘contact’.”
He also denied that Southeastern itself allowed staff to ignore guidance on social distancing, masks and contact notification.
“The defendant had an appropriate and adequate risk assessment in response to the evolving risks of Covid-19,” he said.
“The defendant’s claim that he promoted a culture of ‘cautious reporting’ was rejected.
“Employees have been instructed not to report to work if they have Covid-related symptoms.
“It was denied that it was possible or practicable to instruct employees not to report to work if they developed any non-specific symptoms not specific to Covid-19 infection.
“It is submitted that the defendant’s actions as an employer will be assessed in the relevant circumstances at the time, including the available information and guidance on Coronavirus risks and control measures, the national Covid-19 roadmap and the practical difficulties of controlling the risks to employees of a community transmitted virus whilst maintaining operational standards.
“In all the circumstances of the case, the defendant acted reasonably and responsibly. Therefore, liability is denied.
“Also or alternatively, such injuries which the plaintiff can prove were caused or contributed to by his negligence,” the lawyer added.
He accused her of, among other things, “personally attending Bromley South Station and Danny Hackett’s office…failing to leave Bromley South Station and Danny Hackett’s office when she allegedly observed him coughing” and “going to breakfast at Wetherspoons and thereby knowingly exposing himself to the greater risk of Coronavirus infection from colleagues and/or the general public”.
The case reached court last week for a pre-trial hearing and will proceed to trial unless the parties reach an agreement out of court beforehand.
