Litigation Personal Injury 1/3/99

Philip Judd v Mary Blain Shepley (1999) QBD (Rougier J) 15 February 1999

Plaintiff: Male, minor, 16 years old at date of trial.

Incident: The plaintiff suffered extensive injuries to his head and limbs caused as a result of a road traffic accident whereby the defendant drove her motorcar into the plaintiff knocking him off his bicycle.

Injuries: The plaintiff sustained a fracture of the skull with an associated major head injury. He required assistance with his breathing and was maintained on a ventilator. On discharge from hospital the plaintiff was incontinent, incapable of feeding himself and was confined to a wheelchair.

Awards: u200,000 total damages (out of court settlement)

Plaintiff's solicitor: Evill & Coleman

Plaintiff's counsel: Mr Briden

Nixon v Harland & Wolfe PLC (1999) QBD (HH Judge Green QC) 15 February 1999

Plaintiff: Male, 16 years old at date of accident; 65 years old at date of trial.

Incident: He had been employed in the ship-building industry at a time when asbestos-based insulation products were commonly used, but he had not been provided with any protective garments to guard against the risk of inhalation of poisonous fumes.

Injuries: The plaintiff suffered from mesothelioma of the lungs.and faced the prospect of a significant reduction in his life expectancy.

Awards: u110,000 total damages (out of court settlement)

Plaintiff's solicitor: Russell Jones & Walker

Plaintiff's counsel: Allan Gore

Clarke v Evans (1999) QBD (Miss D Cotton QC) 17 February 1999

Plaintiff: Female, 47 years old at date of accident; 51 years old at date of trial.

Incident: The plaintiff was awarded damages for the broken ankle and heel bone she sustained in a road traffic accident.

Injuries: The plaintiff broke her right ankle and heel bone in addition to suffering lacerations to her right arm and upper eyelid. As a result, the plaintiff had limited movement in her ankle and was at an increased risk of arthritic degeneration in her right foot. The plaintiff was unable to undertake household chores or continue with aerobic activity and experienced difficulties in driving.

Awards: u80,000 total damages (out of court settlement)

Plaintiff's solicitor: Turber-villes (Uxbridge)

Plaintiff's counsel: John Hamey

O'Conner v Balfour Beatty & Anor (1999) QBD (Mr R Walker QC) 17 February 1999

Plaintiff: Male, married, 32 years old at date of accident; 35 years old at date of trial.

Incident: The plaintiff had been employed on the construction of the London Underground Jubilee Line extension. In the course of his work, a steel pipe became blocked with concrete. An attempt was made to free the blockage by passing compressed air through the pipe. The pipe suddenly moved and struck the plaintiff on the head.

Injuries: The plaintiff sustained severe head and facial injuries in the accident resulting in permanent brain damage. At the date of trial, the plaintiff was suffering from memory loss and epilepsy. He had undergone a complete personality change and had been unable to continue working. The plaintiff required assistance with a number of daily tasks and was heavily reliant on care.

Awards: u1,100,000 total damages (out of court settlement)

Plaintiff's solicitor: Clifford & Co

Plaintiff's counsel: John Reddihough

Cases from LAWTEL's PI Quantum Database. Contact Nick Conway on 0171 970 4803.