A LABOURER engulfed by an explosion during slum clearance work in Liverpool left the Appeal Court empty-handed after failing for the second time to wrest a damages payout from his former employers.
James William Brown, 41, of Halkin Drive, Anfield, was part of a gang clearing derelict council houses at Prestbury Road, Liverpool, on November 6 2003, when an exploding object in a small fire lit on the site left him with horrific injuries to his face and eyes.
Mr Brown was all but blinded in one eye, had to undergo skin graft surgery and suffered permanent scarring. He sued his then employers, Grosvenor Building Contractors Ltd, but his claim was rejected by a judge at Liverpool County Court in May last year.
His claim for damages has now finally hit the buffers, after the Appeal Court judges said they exonerated the company from all blame for Mr Brown's accident, ruling that the incident had not been "reasonably foreseeable".
Lady Justice Smith dismissed the appeal, saying: "Mr Brown, who deserves our utmost sympathy, simply doesn't have a viable legal argument."