U v. E (Unrep) – 24.08.2018
24th August 2018
Marcus Grant represented a 31-year-old highway worker who recovered £643,000 in respect of a brachial plexus injury to his non-dominant arm sustained in a motorcycle accident where liability was contested.
It was common ground that C was riding his motorcycle too fast through a residential street in Ipswich, subject to a 30 mph speed limit, when D, travelling in a car in the opposite direction, turned right across his path. It was common ground that D did not see the motorcycle before impact.
Reconstruction experts were not agreed on C’s speed prior to braking. C’s expert estimated it to have been c. 45-50 mph; D’s expert’s estimate was in excess of 65 mph.
Recent case law in June 2018 from the QBD in Macpherson v. Smith  EWHC Civ 1433 suggested that the range of contributory negligence against C was likely to be between 50% and 75% depending upon which reconstruction expert’s evidence was preferred.
The case settled through negotiation part way between the Parties’ best positions.