Litigation Personal Injury 24/3/98

Swan v Pragnell QBD 2 February 1998

Claimant: Jamie Swan, 18

Incident: Road traffic accident

Injuries: Claimant sustained serious brain injuries when only a few months old while travelling in a car driven by a family friend. The car collided with another car, the driver of which, (the defendant) was convicted of causing death by reckless driving. Judge said that Jamie's mother and step-father had played a vital part in his recovery. He is now studying photography at the Lord Mayor Treloar College, Hampshire

Award: £1,324,389 agreed damages of which claimant's mother is to receive £50,000

Judge: Anthony Tibber

Plaintiff's counsel: Matthias Kelly

Plaintiff's solicitor: Ronald Fletcher Baker & Co

Vasishta v Kingston and Richmond Health Authority QBD 2 February 1998

Claimant: Lynne Vasishta, 37

Incident: Medical negligence

Injuries: Claimant suffered brain damage resulting in personality change following alleged oxygen starvation during gynaecological investigation under general anaesthetic at Kingston Hospital 14 years ago. Despite this, she has managed to bring up a family of five. Health authority agreed to settle claim but disputed negligence on its part

Award: £225,000 agreed damages said to be subject to 25 per cent reduction to take into account difficulties that claimant could have faced in proving claim in fully contested action

Judge: Mr Justice Laws

Plaintiff's counsel: Margaret Bowron

Plaintiff's solicitor: Tuck & Mann

Johnson v Finch & Jones QBD 3 February 1998

Claimant: Linda Johnson, 44

Incident: Road traffic accident

Injuries: Claimant's husband (Ronald Johnson, aged 41) died from multiple injuries after a car crash. His car was hit when a vehicle crashed into another car it was racing in the opposite direction. Other drivers were sentenced for causing death by dangerous driving. Claimant's husband was trapped in the wreckage for over an hour and later died in hospital.

Award: £212,000 awarded to widow £16,000 to 19 year old daughter, £22,000 to 17 year old son

Judge: David Steel QC

Plaintiff's counsel: Deirdre Goodwin

Plaintiff's solicitor: Whitehead Monckton