Litigation Personal Injury 24/10/95

Decisions are taken from Lawtel's legal database. TLR: Times Law Reports; ILR: Independent Law Reports; LTL: Lawtel; WLR: Weekly Law Reports.

Wallace v Sheppard – QBD 6 October 199Claimant: Donald Wallace

Accident: Front seat passenger injured in car crash

Injuries: Severe head injuries with increasing tendency towards epilepsy, continuing intellectual and memory deficit and impairment of personality. Plaintiff has been left unable to return to running his own business, is prone to severe bouts of depression, his marriage appears to have broken down irretrievably as result of effects of accident, facial scarring, severe injuries to left arm resulting in weakness, injuries to pelvic area necessitating stick for some walking and resulting in intermittent disturbance of bladder and bowel control.

Award: £750,000 (to be structured)

Judge: Mrs Justice Smith

Plaintiff's solicitors: E Edwards Son & Noice (London)

Defendant's solicitors: Greenwoods (London)

Kelly v British Midland Airways and others – QBD 6 October 199Claimant: Margaret Kelly

Accident: Kegworth air disaster

Injuries: Plaintiff was passenger in Boeing 737 which crashed en route between London and Belfast. Plaintiff was trapped in the plane by her feet and suffered both physiological and psychological shock. Physical injuries included suspected skull fracture, mouth injuries, strains of cervical, dorsal and lumbar spines and shoulder girdle, abrasions of chest, fracture of navicular bone, ankle strain. Psychological injuries contributed to by the fact that her three sisters died in crash.

Award: £276,85Judge: Mrs Justice Smith

Plaintiff's solicitors:David Burcher & Co (London)

Defendant's solicitors: Beaumont & Son

Grixti v Sargeant QBD 3 October 199Claimant: Francis Grixti, 70

Accident: Pedestrian knocked down by motorcyclist

Injuries: Severe shock and concussion, plaintiff remained in coma for 11 days, bilateral haematoma and lacerations above both eyes, broken left cheek bone with damage to sinuses, bruising and grazing to both elbows and left leg, haemorrhage inside left eye with retina damage, depriving him of almost all useful sight in that eye, brain damage with impairment of short and long term memory, poor concentration and dysphasia. Will need to be cared for for the rest of his life.

Award: £175,000

Judge: Judge Fawcus

Plaintiff's solicitors: Cole & Matthews (Beckenham, Kent)

Defendant's solicitors: E Edwards Son & Noice (Ilford)