Litigation Personal Injury 31/1/2000

S (a patient) v Methodist Homes for the Aged Central London County Court (HH Judge Butter QC) 10 January 2000

Claimant: Male, aged 44 at date of accident; 49 at date of settlement.

Incident: The claimant was employed by the defendant as a gardener and handyman at a nursing home for the elderly. The claimant had climbed a ladder to prune a tree when he fell onto the hard tarmac surface below and hit his head. The claimant alleged the defendant had been negligent in not providing him with training or an adequate system of work. Liability admitted for 75 per cent of the claim. The claimant accepted 25 per cent contributory negligence.

Injuries: The claimant suffered a fractured skull, bruising to the left temporal lobe of the brain, a ruptured left tympanic membrane and damage to the olfactory nerve.

Award: £282,500 total damages (out of court settlement)

Claimant's counsel: Mathias Kelly QC

Claimant's solicitor: Hodge Jones & Allen

Re D (2000) CICB (Mr J Crowley QC, Mr P Weitzman QC, Mr M Axtell) 14 December 1999

Claimant: Female, single, aged 48 at date of accident, 53 at date of hearing.

Incident: The applicant was injured when she was hit by and dragged underneath a car deliberately driven towards her by a former boyfriend, who was subsequently convicted of attempted murder and dangerous driving and sentenced to 15 years' imprisonment.

Injuries: The applicant suffered a cardiac arrest and fell unconscious as a result of severe brain injuries. While the applicant was no longer in a coma at the date of the hearing, she had never regained her faculties. Her condition was diagnosed as one of a persisting vegetative state.

Award: £217,456 total damages.

Claimant's counsel: Andrew Spink

Claimant's solicitor: Stewarts

Maria Almeida v (1) Relayship Bahamas Ltd (2) Marlow Navigation Shipping (1999) QBD (Buckley J) 8 December 1999

Claimant: Female, estranged widow of the deceased (D) who died on 22 February 1988 aged 35.

Incident: D was an experienced sailor working aboard a merchant vessel berthed at Ipswich. He died after he fell through an open hatch into the hold of the vessel. The exact sequence of events that led to D's death was not known. The claimant brought an action against his employers and the vessel's owners. She claimed damages on behalf of herself and D's two children. Liability disputed by both defendants.

Injuries: D died leaving an 18-year-old daughter who lived with the claimant and a 14-year-old son who D had fathered by his partner at the time of his death.

Award: £40,000 total damages (out of court settlement).

Claimant's counsel: Nicola Warrender

Claimant's solicitor: BM Birnberg & Co

Cases from LAWTEL's PI Quantum Database. Contact Deborah Talbot on 0171 970 4823.