Man sues for £1m after claiming he lost a leg following breakfast with ‘coughing’ boss

David Gibson came down with a severe case of Covid and ultimately had his leg amputated

David Gibson had his leg amputated in mid-2021 (Supplied by Champion News)

A railway station manager who claims he ended up losing a leg after being infected with Covid by his boss at work is suing his employers for £1m.

David Gibson was a station manager working for Southeastern, based at Herne Hill Station, in July 2021 when he came down with a severe case of Covid, which saw him hospitalised with pneumonia, put in a coma and ultimately have his leg amputated below the knee due to a blood clot.

Mr Gibson, who had worked for the railway company since 2018, claims he was infected at work during an office catch-up followed by a Wetherspoons breakfast with his area manager, Danny Hackett, who, Mr Gibson claims, was “coughing” and visibly “unwell”, but who nevertheless, failed to wear a mask for most of the time they were together.

The married dad of three is suing for around £1m in compensation at London’s High Court on the basis that he was negligently exposed to Covid at work.

Lawyers for London and South Eastern Railways Ltd, trading as Southeastern, deny his claims and all blame for his illness, as well as insisting that if Mr Gibson caught Covid at work, it was his own fault.

In July 2021, England was in Step 3 of the Covid roadmap, which included the wearing of face masks, a one-metre social distancing rule and isolation of close contacts of a positive case.

At the time, Southeastern’s policy was to have staff stay at home if they had symptoms, while they were also told to follow social distancing guidance and not to congregate in offices.

Lisa Dobie, for Mr Gibson, in documents lodged with the court, says that as a key worker, he was expected to go to work while social distancing restrictions were in place, but always took precautions to avoid close contact with others.

Mr Gibson visited his area manager at his office at Bromley South Station, pictured, on 14 July 2021 (Champion News)

He would travel to work by car and train, and “he would always wear a mask”, she said, adding that “it was his practice” to sit at the front of the train in first class, which, at that time, was “usually empty”.

“If anyone else was in the carriage, it was one or two passengers as a maximum,” Ms Dobie continued.

“The claimant could and would easily distance himself from those passengers.”

On 14 July 2021, Mr Gibson was invited to visit his area manager, Mr Hackett, at his office at Bromley South Station, and felt “obligated” to do so. There, he found himself in a 2.5m by 5m office with Mr Hackett and two others.

“Due to the dimensions of the office, and in accordance with the defendant’s procedures in place on that date, only two people should have been in the room at any one time,” the barrister said.

“There had been three of them in a closed, small office space before the claimant arrived... [They] were not wearing masks.

“Mr Gibson positioned himself in the room so that he was the furthest from all of them that he could be. His mask remained on.”

His manager “coughed a few times” during the conversation, but then went on to invite his colleagues to breakfast at a local Wetherspoons.

Mr Gibson felt he “could not decline”, Ms Dobie said.

“During breakfast, Danny Hackett continued to cough as before and he sneezed into his hands twice and used his serviette in substitute for a tissue,” the barrister explained.

“On the way back to the office from Wetherspoons, he continued to show signs of being unwell. Mr Gibson asked if he was okay and suggested he should go home to do a test.

“Mr Hackett did not put his mask back on.”

There had been plans for a staff team meeting later that day, which Mr Gibson planned to attend via his computer from Herne Hill, but by then there was not enough time so he stayed and attended in Mr Hackett’s office.

However, before the meeting began, Mr Hackett asked someone else to conduct it, telling colleagues he “wasn’t feeling well and had a sore throat”.

“He said he had not been feeling well since the previous evening. He continued to cough,” the barrister said, adding: “Danny Hackett remained in the room for the full duration of the team meeting despite being unwell... He was visibly unwell and coughing during the meeting.”

The barrister said her client was “very angry but felt unable to direct his supervisor to leave”.

She added that Mr Hackett had tested positive for Covid after attending work the next day, naming Mr Gibson as a close contact.

Mr Gibson began to feel ill two days later and tested positive on 18 July. His condition deteriorated and he was taken to hospital in Tunbridge Wells by an ambulance on 22 July.

He later developed pneumonia as a complication of Covid and was moved to the ICU on 24 July before being placed in an induced coma on 29 July.

“Sadly, the claimant required a left above-knee amputation as a result of clotting complications caused by Covid,” Ms Dobie said.

The barrister said Mr Gibson is suing Southeastern as being vicariously liable for the actions of Mr Hackett, who she said “negligently attended work in the knowledge that he was not feeling well and had a new cough”.

He also failed to perform a lateral flow test before attending work on 14 July and failed to leave work on 14 July “when he was aware he was symptomatic and unwell”, she said.

“He invited staff to attend his office in person without advising anyone of his symptoms, following social distancing rules and/or limiting the number of people in attendance at any one time.”

Ms Dobie said Mr Hackett had “turned a blind eye” to the defendant’s policies and national guidance in failing to isolate, allowing more than two people in the office, and not wearing a mask and had “openly disregarded policies and procedures, thereby encouraging staff that he managed to do the same”, she claimed.

Ms Dobie said Mr Gibson had been unable to return to work “for the defendant or any employer”, and on 31 March 2023, his employment with the defendant was terminated “on the grounds of ill health”.

Mr Gibson fell ill after a Wetherspoons breakfast with his boss (Getty Images)

Rochelle Rong, for Southeastern, defended Mr Hackett’s actions, saying in its written defence to the action: “It is averred that he had not developed any symptoms that he did or was reasonably expected to associate with a Covid-19 infection prior to his subsequent positive lateral flow tests.

“In particular, it is denied that he had developed a new continuous cough, loss of taste and/or smell, and/or high temperature prior to his ‘contact’ with the claimant.”

She also denied that Southeastern itself had allowed staff to turn a blind eye to guidance on social distancing, masks and reporting of contacts.

“The defendant had in place a suitable and sufficient risk assessment in response to the evolving risks of Covid-19,” she said.

“It is denied that the defendant encouraged a culture of ‘cautious reporting’.

“Employees were instructed not to attend work if they had Covid-related symptoms.

“It is denied that it was possible or practicable to instruct employees not to attend work as soon as they developed any non-specific symptoms which were not typical of a Covid-19 infection.

“It is averred that the defendant’s actions as an employer are to be judged in the relevant circumstances at the time, including the prevailing knowledge and guidance regarding the risks and control measures of the coronavirus, the national Covid-19 roadmap, and the practical challenges of controlling the risks to its employees of a community-transmitted virus while maintaining operational standards.

“The defendant acted reasonably and responsibly in all the circumstances of the case. Accordingly, liability is denied.

“Further or alternatively, such injury as the claimant may prove was caused or contributed to by his own negligence,” the barrister added.

She blamed him for, among other things, “attending the Bromley South Station and Danny Hackett’s office in person... failing to remove himself from the Bromley South Station and Danny Hackett’s office when he allegedly observed him coughing” and “going to breakfast at Wetherspoons and therefore knowingly exposing himself to greater risks of coronavirus infection from his colleagues and/or the general public”.

The case reached court last week for a pre-trial hearing and will now go on to trial unless the parties reach an out-of-court settlement beforehand.