Litigation Personal Injury 18/03/97

Havenhad v Jeffrey – Court of Appeal, 24 February 1997

Claimant: Annie Havenhad, 86

Incident: Road traffic accident

Injuries: Claimant suffered spinal injuries when she was knocked down by a taxi as she crossed Furnival Street, Sheffield, on 30 January 1995. The claimant is now capable of walking only a few steps in her own home with the aid of a Zimmer frame. She is effectively wheelchair-bound

Award: Reduced on appeal from £292,250 to £217,50Plaintiff's counsel: Charles Douthwaite

Plaintiff's solicitor: Irwin Mitchell, Sheffield

Jones v Lockery – QBD, 25 February 1997

Claimant: Valmai Jones, 56

Incident: Road traffic accident

Injuries: Claimant developed a rare and crippling neurological condition known as Arnold Chiari Malformation affecting her spine after a road accident in which her car collided with another in Haversham High Street. She suffered post-traumatic paralysis and now has difficulty walking. Claimed that whiplash injuries triggered the onset of the condition. Contended for the defendant that the symptoms could have come on at any time and were unconnected with the accident

Award: £390,000 (agreed)

Plaintiff's counsel: Raymond Croxon QC

Plaintiff's solicitor: Shoosmiths & Harrison, Reading

Gardiner v Europlas and anor – QBD, 14 February 1997

Claimant: Peter Gardiner, 3Incident: Fall at work

Injuries: The claimant, a fitter, fell from scaffolding and broke his back. Held that employers, a glazing firm and scaffolding company, were guilty of negligence. At the time of the accident the claimant was re-pointing the gables of a house and fell 15ft. His back was broken and he also sustained skull fractures. Judge said his employers had allowed "dangerous set of practices to develop" before the accident and the scaffolding company had failed to provide safe means of access for the job

Award: To be assessed

Judge: Mr Justice Sedley

Plaintiff's counsel: Graham Hamilton QC and A Slatter

Plaintiff's solicitors: Matthew Arnold Baldwins, Watford