Litigation Personal Injury 01/07/97

Jolley v London Borough of Sutton – QBD 14 May 1997

Claimant: Justin Jolley, 2Incident: Plaintiff crushed

Injuries: Plaintiff, at age of 14, was working beneath a wooden boat on local authority car park. Boat had been abandoned and standing on car park for two years. Plaintiff had attempted to restore it. He was lying beneath boat when it collapsed on top of him, breaking his back. As a result he will never walk again. Judge ruled that local authority should have removed boat from car park as it constituted a "trap and allurement" for young children. Held that council had to bear 75 per cent responsibility and plaintiff 25 per cent. Award would have been £870,000 but reduced on the basis of liability finding.

Award: £650,000 on basis of 75 per cent liability

Judge: George Brice QC sitting as a deputy

Plaintiff's counsel: B Langstaff QC and P Spencer

Plaintiff's solicitors: Rowley Ashworth, London SW1

Pepper v Peterborough Health Authority – QBD 14 May 1997

Claimant: Ben Pepper, 11 years

Incident: Medical negligence

Injuries: Plaintiff, delivered by Caesarean section at Peterborough District Hospital, suffered from severe oxygen starvation blamed on "obstetric mismanagement". He was left suffering from general weakness over right side of body, causing mobility problems, clumsiness, poor dexterity and impaired vision and intellect.

Award: £562,500 agreed damages

Judge: Mr Justice May

Plaintiff's counsel: Charles Lewis

Plaintiff's solicitors: Maples & Son, Spalding

Franklin v Goodman – QBD 14 May 1997

Claimant: Ann-Marie Franklin, 29 years

Incident: Road traffic accident

Injuries: Widow's claim over death of police motorcyclist husband killed when car veered into his path. Roger Franklin, 36 at the time of his death, had been married to his wife for less than two years and they had 10-month-old daughter. He also had another daughter aged 12 from a previous marriage.

Award: £300,000 agreed damages – £230,000 to widow, £50,000 to youngest daughter and £20,000 to daughter by previous marriage.

Judge: Viscount Colville of Culross QC

Plaintiff's counsel: George Pulman QC, James Laughland

Plaintiff's solicitors: Russell Jones & Walker