Litigation Personal Injury 29/7/97

Chapman v Newberry – QBD 1 July 1997

Claimant: Heather Chapman, 16

Incident: Road traffic accident

Injuries: Claimant, now 22, suffered spinal injuries which have left her a paraplegic and confined to a wheelchair for the rest of her life. She was a rear-seat passenger in car which ran out of control

Award: £679,051 (agreed damages)

Judge: Mr Justice Potts

Plaintiff's counsel: Philip Mott QC and Alison McCormick

Plaintiff's solicitor: Stewarts, Taunton

Willbye v Gibbons – CA 16 July 1997

Incident: Road traffic accident

Appeal issue: Liability

Appeal contentions: Plaintiff's appeal from order of Recorder Goldstraub QC, Nottingham County Court, 11 July 1996, giving judgment for defendant. Appellant, aged 12, claims damages for injury caused by defendant's car hitting her as she ran across road. Contended judge wrong to hold defendant not negligent when he agreed in evidence he saw appellant and she looked as though she might dash across road. Judge erred in finding that even if defendant had sounded horn appellant would still have run into road.