Litigation Personal Injury 27/9/99

Maria Petrovska v (1) Michael Mullings (2) Thames Transit Ltd & anor (1999) QBD (Burton J) 13 August 1999

Claimant: Female, 24 years old at date of accident; 28 years old at date of trial.

Incident: The claimant was injured as she waited for a bus. A passing coach crushed the claimant against metal railings, causing her severe injury. The claimant brought an action against the driver and operator of the coach and the operator of another coach indirectly involved in the accident. Liability admitted by all three defendants.

Injuries: The claimant sustained injuries to her chest, abdomen, pelvis, lower spine and sacrum. Medical reports described the injuries as "of a horrifying nature". As a result the claimant was left permanently and severely disabled. She could not stand, walk or sit for long periods of time. The claimant received almost constant care from her family and on bad days was unable to carry out even basic tasks without assistance. Prior to the accident, the claimant had enjoyed a full social life and frequently trained at the gym, which her injuries prevented her from pursuing. The claimant was diagnosed with post-traumatic stress disorder and depression.

Award: £634,126.37 total damages. The claimant agreed to a 20 per cent reduction in damages to account for her own contributory negligence.

Claimant's counsel: Robin De Wilde QC

Claimant's solicitor: Collins Stone & Thompson



Jacqueline Brown v Marks & Spencer plc (1999) QBD (Morland J) 6 September 1999

Claimant: Female, 23 years old at date of accident; 30 years old at date of settlement.

Incident: The claimant, an employee of the defendant, was injured when she fell on a metal spike in one of the company's stockrooms. The defendant admitted a breach of duty in failing to keep the area free from obstruction but alleged contributory negligence as the claimant failed to look where she was going.

Injuries: The claimant sustained a serious neck and shoulder injury. She suffered persistent pain, numbness and discomfort in her neck and shoulders and was unable to continue working.

Award: £112,500 total damages (out of court settlement)

Claimant's counsel: David Melville

Claimant's solicitor: Darbys Mallam & Lewis (Oxford)



Holland & ors v Roberts (1999) QBD (Morland J) 16 September 1999

Claimant: Male, widower of the deceased (D) who died in March 1996 at the age of 30.

Incident: D was killed when her car collided head-on with another vehicle. The driver of the other vehicle was also killed. D's two young children, who had been passengers in the car, suffered minor injuries. Liability admitted. Injuries: D died as a result of severe injuries. Since his wife's death, the claimant had cared for the children with the help of family and a professional nanny.

Award: £209,250 total damages (out of court settlement). £5,000 of the settlement was for the claimant's eldest child in respect of the injuries she suffered; £750 was for the youngest child.

Claimant's counsel: Jennifer Richards

Claimant's solicitor: Edward Lewis

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