Litigation Personal Injury 18/02/97

Lynch v Miles – QB 4 February 1997

Claimant: Barry Lynch, Incident: Road traffic accident

Injuries: Claimant escaped from road crash with broken leg, but has been left with serious psychological problems as result of witnessing the death of a pregnant woman during the crash. The dead woman hit the claimant's vehicle head-on after swerving to avoid an on-coming vehicle. The court was told the trauma of the crash eventually led to the breakdown of claimant's marriage, and that, because of his mental state, he now needs close supervision. On some occasions he sits staring into space incapable of conversation.

Award: £475,000 agreed damages

Judge: Mr Justice Sedley

Counsel for plaintiff: William Featherby

Solicitors for plaintiff: Iliffes Booth Bennett, Uxbridge

Dale v Riley – QBD 16 January 1997

Claimant: Lika Dale, 5Incident: Road traffic accident

Injuries: Widow's claim over death of husband. The deceased, a 48-year-old father of three, who was a financial consultant, was killed in accident on A1. He had stopped because of another accident, but a vehicle then hit his car, knocking it off the road and into a ditch.

Award: £154,000 agreed damages

Judge: Judge Roger Titheridge QC

Counsel for plaintiff: Steven Snowden

Solicitors for plaintiff: Leeds Day, Bedfordshire

Moseley v East Anglian Regional Health Authority – QBD 20 January 1997

Claimant: Ella Moseley, 13

Incident: Medical negligence

Injuries: Claimant was born at Mill Road maternity hospital, Cambridge in September 1983. She suffered oxygen starvation at birth resulting in brain damage. She now has no comprehension of what is going on round her, unable to move voluntarily, blind, fed directly into her stomach by a pump, unable to speak, but is able to express pleasure and discomfort. Liability admitted. Of the damages claimant's parents will receive, £175,000 is to enable them to buy a new bungalow which is more suitable to their daughter's needs. They also have two sons.

Award: £685,000 agreed damages

Judge: Mrs Justice Smith

Counsel for plaintiff: Andrew Hogarth

Solicitors for plaintiff: Winters