25th February 2016
Marcus Grant (instructed by Tom Ranson of Ashton KCJ) appeared for the Claimant in an action arising out of a car accident.
The Claimant, then a 12-year-old pedestrian was struck by a car at low speed on a pelican crossing when the pedestrian light was on red. Her head hit the windscreen and she was thrown into the road. She sustained negligible physical injuries but was subsequently diagnosed with PTSD and depression. These symptoms overlay a pre-existing tendency to anxiety and somatic behaviours. Her schooling was severely disrupted by her injuries which included profound fatigue, diagnosed 3 years post-accident as CFS. 4 years post accident she was diagnosed through the litigation as probably having suffered a subtle diffuse axonal injury [“DAI”] which was mediating in part the enduring cluster of subjective physical, cognitive, behavioural and psychological symptoms. Instead of following a pathway into tertiary education like her brother, she dropped out of school and went into modelling on a part time basis. Her future, like her prognosis was uncertain. The Defendant contended that she sustained no more than minor soft tissue injuries in the accident and that her progression since the accident was merely a continuation of pre-existing vulnerabilities. The suggestion that she sustained any DAI was denied. The case settled through negotiation.