Litigation Personal Injury 21/4/98

Phillips v FW Francis QBD 27 January 1998

Claimant: Mark Phillips, 42

Incident: Road traffic accident

Injuries: Claimant suffered brain damage when his car collided with a heavy goods vehicle in April 1994. Other driver was convicted of careless driving. Claimant suffered personality change and his marriage has broken up. Once a microlight instructor, he has had his licence withdrawn by the Civil Aviation Authority

Award: £300,000 agreed damages

Judge: Deputy Judge Rich

Plaintiff's counsel: Howard Shaw

Plaintiff's solicitor: Thomson Snell & Passmore, Tunbridge Wells

Arnold v W Potafke (UK) QBD 27 January

Claimant: Paul Arnold

Incident: Road traffic accident

Injuries: Claimant suffered spinal injuries when he fell asleep at the wheel of his van and crashed in April 1992. He claimed that his employers made him work a 15-hour shift and that loss of concentration was foreseeable. The one-time Buckinghamshire rugby team player is now confined to a wheelchair

Award: £500,000 agreed damages

Judge: Deputy Judge Aylen QC

Plaintiff's counsel: Christopher Wilson-Smith QC

Plaintiff's solicitor: Stewarts, London

O'Reilly & ors v Maybury QBD 21 January 1998

Claimants: Gemma O'Reilly, 16, Katrina O'Reilly, 38 and David O'Reilly, 3Incident: Road traffic acci dent

Injuries: Teenage claimant's sister and daughter of adult claimants were killed when hit by a car on 5 November 1994. The family were on their way to a firework display. The driver pleaded guilty to driving without due care and attention. The sister suffered nightmares and her school work deteriorated. She has now made a full recovery. Her parents suffered nightmares and mood swings, and needed counselling. Her mother has recovered and her father has made a 50 per cent recovery

Award: £45,000 agreed damages to Gemma O'Reilly. Undisclosed agreed damages to parents

Judge: Deputy Judge Stewart Boyd QC

Plaintiffs' counsel: Robert Sherman

Plaintiffs' solicitor: Cunningham John & Co, Thetford