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Richard Wilkinson achieved settlement on behalf of Claimant on a Provisional Damages basis for £1.23m at a JSM for a 31 year old zoo keeper who suffered a severe TBI requiring craniectomy and complete loss of an eye as a result of an horrendous collision at high speed with one of a number of cows that had escaped from a nearby field onto an unlit highway at night.
Matters from C’s perspective were complicated because the owner of the escaping cow was uninsured and not worth suing and because the contemporaneous police investigation did not properly explore how the cows had escaped. Liability was denied by both the driver of the vehicle in which the Claimant was a passenger and by the owner of the field from which the cow had escaped, with accident reconstruction and agricultural consultancy experts instructed by all parties.
Despite the clinical severity of her initial brain injury C made an excellent recovery and had shown remarkable fortitude in returning to her employment as a zoo keeper, despite the loss of an eye and reduced vision in the remaining eye. Following a Joint Settlement Meeting the Claimant recovered an immediate lump sum award of £1,230,000 plus an entitlement against one Defendant only to Provisional Damages to protect her against the future risks of developing either functional blindness or epilepsy.