Litigation Personal Injury 7/6/99

Adam Trayfoot v Riverside Health Authority (1999) QBD (Rougier J) 11 May 1999

Plaintiff: Male, new-born at date of accident; 12 years old at date of trial.

Incident: The claimant suffered severe physical disabilities as a result of his negligent delivery at the defendant's hospital. Liability admitted.

Injuries: The claimant suffered severe brain damage and was left physically handicapped, although his mental capacities remained unaffected. The claimant is unable to walk or move around and he is completely dependent on a wheelchair. He suffers from severe speech disabilities, but is able to communicate with the use of hand movements, facial expressions and the use of a computer screen. The claimant has a remarkable intellect and, as his counsel described, "a very keen and interested mind". The claimant was progressing well at school and takes a keen interest in his father's business. Had it not been for his disabilities, it is likely that the claimant would have pursued a full-time career in that business. The claimant's parents are the main carers for their son and, prior to the trial, the family had moved into a new home which was specifically designed to meet the claimant's special needs. As his condition is permanent, he will need constant care for the rest of his life.

Award: u2,750,000 total damages (out of court settlement).

Plaintiff's solicitor: Keene Marsland

Plaintiff's counsel: Nigel Wilkinson QC

Bush v Torfaen Borough Council & Anor (1999) Newport CC (HH Judge Crowther QC) 4 May 1999

Plaintiff: Female, 10 years old at date of accident; 17 years old at date of trial.

Incident: The claimant was injured when the roundabout on which she had been playing collapsed and she was dragged underneath it. Liability admitted.

Injuries: The claimant suffered soft tissue ankle injuries and shooting pains in her legs after walking, running, dancing or playing sports. Consequently, she was required to use analgesic ointment and take oral analgesia. The judge found that she had had suffered pain for 9-12 months post-accident.

Award: u1,600 total damages.

Plaintiff's solicitor: Dolmans (Cardiff).

Plaintiff's counsel: Robert O'Leary

Jonjo David Aiton v Charles Powell (1999) QBD (Sullivan J) 17 May 1999

Plaintiff: Male, 19 years old at date of accident; 22 years old at date of trial.

Incident: The claimant was hit by the defendant's car when he allegedly walked into the road and into the path of the defendant. His head struck the windscreen of the defendant's car and he was thrown into the road. Liability disputed.

Injuries: The claimant suffered a fracture of the right pubic rami, a fractured right mandible, a severe head injury and cerebral oedema. He registered on the Glasgow Coma Scale at level four. The claimant, who was a roofer at the time of the accident, suffered severe brain damage. He was left wheelchair-bound and totally dependent on the care of others.

Award: u600,000 total damages (out of court settlement).

Plaintiff's solicitor: Liddell Zurbrugg

Plaintiff's counsel: George Pulman QC

Cases from Lawtel's PI Quantum Database. Contact Deborah Talbot on 0171 970 4823