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James Arney KC, instructed by Lucy Lawson at Russell Cooke, secured a £2m settlement for a 71-year old woman who was paralysed from the waist down following a road traffic accident in 2020. Both liability and quantum remained in dispute.
As to liability, the claimant was struck when crossing a road to a bus stop in dark and appalling weather conditions. She crossed at a junction, close to but not making use of a pedestrian centre island. There was no evidence that the defendant driver was speeding, but it was alleged that she should have seen the claimant sooner and/or taken more effective evasive action. Settlement was reached on the basis of a 70/30 apportionment in the claimant’s favour.
Quantum issues included: –
The proceedings were robustly but fairly defended by the defendant insurers (Admiral Insurance), and settlement reflected the advantage to both parties of an early end to the litigation.