H v. H & H (Unrep) 19.11.20
£550,000 settlement for a 43-year-old unemployed baker who sustained a brain injury in an unusual running down accident.
C became involved in an altercation during the hours of darkness in a poorly lit area with his wife and lover with them locked inside a car and him hitting the window with his fists.
D started the car and drove off dragging C whose hand became wedged in the nearside door handle by the forward momentum of the vehicle. He was dragged over a distance of 300 m and deposited on the main road when the vehicle drove over him causing serious injury.
Liability was disputed vigorously, D claiming that he was unaware of C’s presence alongside his car until after he was deposited on the main road.
C sustained poly trauma including a traumatic brain injury and, for a time during the litigation, lacked capacity to litigate or manage his financial affairs. His health improved to the point where he recovered capacity by the time the claim was finally settled through negotiation, without admission of primary liability by D.