Litigation Personal Injury 21/2/2000

Anita Sherwood v Buckingham Health Authority QBD (Curtis J) 18 October 1999

Claimant: Female, newborn at date of accident; 12 years old at date of trial.

Incident: The claimant was born at the defendant's hospital in December 1986 after a delivery that was negligently prolonged by up to two hours. Scans had been taken by hospital staff which displayed abnormal readings and indicated fetal distress, but no responsive action was taken. Liability admitted.

Injuries: The claimant was diagnosed with cerebral palsy.

Award: £1,583,300 total damages.

Claimant's counsel: Simon Michael

Claimant's solicitor: Flitwick

David Andrew Prynn (by his mother and litigation friend Wendy Prynn) v Cornwall County Council QBD (Buckley J) 24 January 2000

Claimant: Male, 22 years old at date of accident; 32 years old at date of settlement.

Incident: The claimant was injured in June 1989 as he drove through a set of roadworks. The defendant council had been resurfacing the road and had placed signs up to 275m in advance of roadworks. The claimant's car skidded on loose chippings and span out of control. The claimant brought an action against the council as the highway authority responsible for the maintenance of the road. He alleged that the defendant was in breach of its duty of care in failing to give sufficient warning to drivers.

Injuries: The claimant suffered severe head injuries and permanent brain damage.

Award: £1,000,000 total damages (out of court settlement)

Claimant's counsel: Peter Andrews QC

Claimant's solicitor: Rundle McDonald & Rendle (Plymouth)

Owena Thorpe & ors v (1) The Department of Transport (2) Amey Construction Ltd (3) Walkway Contracting Co Ltd QBD (Elias J) 24 January 2000

Claimants: (1) Female, 33 years old at date of settlement; (2) Male, 16 years old at date of settlement; (3) Male, 8 years old at date of settlement and, (4) Male, 7 years old at date of settlement. The claimants were the wife and sons of the deceased (D) who died on 24 October 1993 aged 30.

Incident: On 24 October 1993, the vehicle in which D was travelling as a passenger was forced to swerve in order to avoid a vehicle whose tyre had blown out. The vehicle drove through a crash barrier and over the edge of the flyover. The claimants brought an action against: (i) the Department of Transport as the highway authority responsible for the flyover; and (ii) the contractors responsible for its construction on the basis that the crash barrier was defective. Liability disputed.

Injuries: The claimant sustained fatal injuries.

Award: £185,000 total damages (out of court settlement)

Claimants' counsel: Allan Gore

Claimants' solicitor: Lanyon Bowdler (Telford)

Cases from LAWTEL's PI Quantum Database. Contact Deborah Talbot on 0171 970 482