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£8,181 damages award for man who broke ankles trying to get out of Dundee scrapyard

The gates at the entrance to Phinn Parts Auto Breakers.
The gates at the entrance to Phinn Parts Auto Breakers.

A man broke both his ankles when he fell from a 15ft barbed wire gate after he was locked in a Dundee scrapyard.

Ian Heary was left lying in agony after the fall and sustained severe injuries which doctors say he won’t fully recover from.

Scrapyard owners Phinn Parts Auto Breakers of Perrie Street have now been ordered to pay Mr Heary more than £8,000 in damages after a sheriff ruled they were to blame for him being locked in the communal works yard.

The incident happened around midday on February 5 2011, when Mr Heary went to Phinn Parts in search of parts for his cars.

Upon arrival he was met by the owner, Michael Phinn, and Mr Heary went into the yard to find the vehicles.

Mr Heary spent around 20 minutes looking for the cars he wanted parts from but meantime, Michael Phinn, his son Sean, his brother, Ronald and family friend Mitchell Purney decided to the leave the yard.

When Mr Heary then tried to leave the communal gate from the main yard had been locked.

There was no-one else around and Mr Heary realised he was trapped in the yard with his mobile phone in his car outside.

Realising he needed to get to his car for his inhaler and the insulin he had collected for his wife earlier, which required refrigeration, he climbed the gate.

However, he lost his balance and fell, landing on both his heels. Due to his injuries he could not move and lay on the ground in severe pain for several minutes before he was found.

Mr Heary was taken to hospital by ambulance, having suffered fractures to both ankles and had to undergo an operation a week later.

After a three-week stay in hospital he was given physiotherapy after suffering from a pulmonary embolism, a known complication of his injuries.

Doctors say he will not make a full recovery and will have ongoing pain in both his ankles for the rest of his life.

Mr Heary sued the firm for compensation and Sheriff Kenneth McGowan ruled the firm was liable and awarded Mr Heary £8,181.34.