A LABOURER who lost the use of his left hand after falling in a York DIY store has been awarded £115,611 in damages.

Anthony Wayne Barker, 44, tripped over a crate which had been left in an aisle at the B&Q superstore at Clifton Moor in May 2000.

He fell on his left elbow and severed his ulnar nerve, which meant he lost the use of his left hand, and an operation to repair the problem failed. The condition is permanent.

His barrister, Gerry Heap, told York County Court that Mr Barker's left arm from his elbow downwards was hyper-sensitive and that he had reduced dexterity, grip and strength in his hand, which made it effectively useless.

Mr Barker was making a claim for personal damages of £195,000 for the physical injury and depression, for his loss of earnings and future earnings and for his inability to do work around the house.

Giving evidence, he said he had felt "useless" since the accident. He had tried taking computer and numeracy courses, but given them up because he couldn't cope with them, and admitted he had difficulty reading.

Mr Heap said all Mr Barker's previous jobs had been general labouring jobs, the type that "demand brawn, not brain".

He said: "As a 44-year-old as far as employment is concerned, he is on the scrapheap."

He said that a doctor's report said that Mr Barker was suffering from depression which was linked to the permanent arm injury.

Mr Barker's wife, Julie, told the court: "It's the everyday things he can't do for himself. He has always been a big strong man. It's affected him in all kinds of ways."

For B&Q, barrister Matthew Smith said Mr Barker's history of depression went much further back, for two years before the accident.

In May 1998, Mr Barker was involved in a pub fight, and the following year he was sentenced for six months for violent disorder and he served six weeks in prison and six weeks being electronically tagged.

Mr Smith argued that the depression during this period had not prevented Mr Barker working in autumn 1998, and said Mr Barker could have got other kinds of work using his right hand.

"This is an unfortunate accident which has caused the client problems, but he's certainly not on the scrapheap. He is able to work. He's choosing not to."

District Judge Alan Elliott decided that Mr Barker would have worked as a labourer again if he had not had the accident at B&Q and he also decided that he was now "unemployable".

Both sides had previously agreed that whatever sum was awarded, Mr Barker had 25 per cent liability, so would receive 75 per cent of the amount. The judge awarded £154,148 damages, meaning Mr Barker will receive £115,611.

Updated: 09:39 Saturday, August 24, 2002