Mr PB was born in1967
The Claimant was out all afternoon and evening, drinking with a friend. He intended to go home by taxi, but was persuaded to accept a lift with the friend. He did not put his seat belt on. The friend drove their van into the back of a parked van, causing the whole of the nearside front to collapse inwards.
Primary liability was admitted.
The first issue on contributory negligence was the allegation of passengering a drunk driver. We thought that we were bound to lose that argument. Secondly, the failure to wear a seat belt. The area of uncertainty was as to whether a seat belt would have prevented or reduced the Claimant's severe brain injury. We had experts on either side, but on balance we expected to win that point. It really is very important to obtain good quality expert evidence on this type of issue, because the sums of money can be large, and it really is a difficult area.
The Claimant sustained an extremely severe brain injury, which prevented him from working as a lorry driver, and meant that he needed significant care. We considered that an appropriate award would have been £110,000.
Earnings £51,000
Care (20% Housecroft deduction) £14,000
Miscellaneous £21,000
Interest £7,000
Earnings £330,000
Care £682,000
Occupational therapy £17,000
Vehicle expenses £10,000
Gym membership £10,000
Prescriptions £2,000
Carers' costs onoutings £25,000
Holidays £26,000
Increased phone £7,000
Heating £7,000
Professional receiver £60,000
PGO and investment management £55,000
Exchange Chambers
Manchester and Liverpool
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