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05/09/2017
Marcus Grant (instructed by Phillip Cohen of Brain Barr Solicitors) appeared for the Claimant.
38 year old former Police Officer recovered £492,000 for the consequences of an ankle injury and PTSD, sustained in a running down accident. Marcus Grant (instructed by Phillip Cohen of Brain Barr Solicitors) appeared for the Claimant.
In March 2014 the Claimant, then a 35 year old Traffic Officer employed by Lancashire Constabulary, sustained a ligament injury to his right ankle and PTSD when forced to jump out of the way when the Defendant failed to stop after the Claimant attempted to waive him down. The ligament injury left him unable to run, despite two surgeries. The PTSD was moderately severe until about the 3rd anniversary of the accident, and required a 9 week in-patient stay before it was treated out to sub-clinical levels. His contract of service was terminated by the Lancashire Constabulary, by reason of the combination of his injuries and their residual symptoms. He made a good recovery from the PTSD, though was liable to relapse and recovered a good level of function in the ankle, though needed to avoid heavy physical activity and prolonged periods of being on his feet. The Defendant adduced medical evidence that suggested the ankle symptoms represented an acceleration of inevitable problems 10-15 years hence, and psychiatric evidence that suggested that any genuine PTSD pathology was probably unrelated to the index incident because of the delay in which those symptoms were reported to his treating doctors.
The settlement, achieved through negotiation, reflected a compromise between the Parties’ respective positions.