Litigation Personal Injury 14/01/97

Logue and Anor v Giles – QBD, 28 November 1997

Claimants: John Logue, 62, and Mary Fox, 55

Incident: Road traffic accident

Injuries: Logue and Fox, his commonlaw wife at the time, were knocked over when, in February 1991, they stepped into a road following a drinking session. Logue was hit by the side of the car and now has to spend some of his time in a wheelchair. Fox received whip-lash neck injuries. It was held that they must bear 60 per cent of the blame for the accident – judge said there was obvious suspicion they had been drinking and had stepped out into a busy road in front of traffic.

Award: Level of damages to be assessed later if not agreed

Judge: Mr Justice Toulson

Plaintiff's counsel: Frances Oldham QC & Joanne Ecob

Plaintiff's solicitor: Edward St J Smythe & Co, Northampton

Fryer v Royal Masonic Hospital – QBD, 25 November 1996

Claimants: Victoria and Samantha Fryer

Incident: Medical negligence

Injuries: Claim by daughters on their own behalf and that of their mother in respect of death of their father, William Fryer, 36. Fryer suffered a perforated bowel and died three days after undergoing abdominal surgery at Royal Masonic Hospital, west London. Contended death caused after he choked on his own vomit. Liability denied but case settled on agreed terms

Award: £90,000 agreed damages

Judge: Mr Justice Dyson

Plaintiff's counsel: Robert Francis QC

Plaintiff's solicitor: Kingsley Napley

Thompson v P&O European Ferries – QBD, 26 November 1996

Claimant: Nicholas Thompson, 36

Incident: Accident at work

Injuries: Claimant, a former marine mechanic, injured when he fell downstairs on board a P&O ferry. Alleged that accident caused by exhaustion resulting from his being made to work for 28 hours with only one and a half hours of rest. Judge accepted that P&O was one third to blame for the accident but rejected claims about the number of hours the claimant worked.

Award: £15,000 on basis of claimant having to bear two-thirds liability

Judge: Judge Gareth Edwards QC

Plaintiff's counsel: Martin Forde

Plaintiff's solicitor: Pattinson and Brewer, Brentford

Cutting v Suffolk Health Authority – QBD, 2 December 1996

Claimant: Leah Cutting, 5

Incident: Medical negligence

Injuries: Claimant suffered oxygen starvation at birth. Alleged that pre-birth signs of foetal distress should have alerted hospital staff to need for earlier delivery. As result of incident claimant left with cerebral palsy and is severely neurologically and physically handicapped as well as quadriplegic. She is now totally dependent on others.

Award: £1,180,000 agreed damages

Judge: Mr Justice Curtis

Plaintiff's counsel: Richard Davies QC

Plaintiff's solicitor: Prettys, Ipswich