Logue and Anor v Giles – QBD, 28 November 1997
Claimants: John Logue, 62, and Mary Fox, 55
Incident: Road traffic accident
Injuries: Logue and Fox, his commonlaw wife at the time, were knocked over when, in February 1991, they stepped into a road following a drinking session. Logue was hit by the side of the car and now has to spend some of his time in a wheelchair. Fox received whip-lash neck injuries. It was held that they must bear 60 per cent of the blame for the accident – judge said there was obvious suspicion they had been drinking and had stepped out into a busy road in front of traffic.
Award: Level of damages to be assessed later if not agreed
Judge: Mr Justice Toulson
Plaintiff's counsel: Frances Oldham QC & Joanne Ecob
Plaintiff's solicitor: Edward St J Smythe & Co, Northampton
Fryer v Royal Masonic Hospital – QBD, 25 November 1996
Claimants: Victoria and Samantha Fryer
Incident: Medical negligence
Injuries: Claim by daughters on their own behalf and that of their mother in respect of death of their father, William Fryer, 36. Fryer suffered a perforated bowel and died three days after undergoing abdominal surgery at Royal Masonic Hospital, west London. Contended death caused after he choked on his own vomit. Liability denied but case settled on agreed terms
Award: £90,000 agreed damages
Judge: Mr Justice Dyson
Plaintiff's counsel: Robert Francis QC
Plaintiff's solicitor: Kingsley Napley
Thompson v P&O European Ferries – QBD, 26 November 1996
Claimant: Nicholas Thompson, 36
Incident: Accident at work
Injuries: Claimant, a former marine mechanic, injured when he fell downstairs on board a P&O ferry. Alleged that accident caused by exhaustion resulting from his being made to work for 28 hours with only one and a half hours of rest. Judge accepted that P&O was one third to blame for the accident but rejected claims about the number of hours the claimant worked.
Award: £15,000 on basis of claimant having to bear two-thirds liability
Judge: Judge Gareth Edwards QC
Plaintiff's counsel: Martin Forde
Plaintiff's solicitor: Pattinson and Brewer, Brentford
Cutting v Suffolk Health Authority – QBD, 2 December 1996
Claimant: Leah Cutting, 5
Incident: Medical negligence
Injuries: Claimant suffered oxygen starvation at birth. Alleged that pre-birth signs of foetal distress should have alerted hospital staff to need for earlier delivery. As result of incident claimant left with cerebral palsy and is severely neurologically and physically handicapped as well as quadriplegic. She is now totally dependent on others.
Award: £1,180,000 agreed damages
Judge: Mr Justice Curtis
Plaintiff's counsel: Richard Davies QC
Plaintiff's solicitor: Prettys, Ipswich