20th September 2022
James Arney KC, instructed for the Defendant by Horwich Farrelly, settled a tetraplegic RTA claim with a substantial reduction for both failing to wear a seatbelt and the Claimant allowing himself to be driven by someone impaired through alcohol consumption. Key quantum issues included life expectancy, double-up care, CCG funding and the cost of alternative accommodation.
James Arney KC represented the Defendant in JSM negotiations arising from an RTA in which the then 17-year old claimant was an unseat-belted rear passenger of a car which rolled 270 degrees being driven by a newly qualified driver who was impaired by alcohol. The Defendant contended throughout that the combined effect of seatbelt and alcohol merited a 30% reduction for contributory negligence. Despite the claimant challenging both causation in respect of the seatbelt failing and negligence in respect of the driver’s intoxication, post-settlement comments from those representing the claimant are consistent with the 30% reduction ultimately being accepted. With settlement at a net figure of £15m, the contributory negligence deduction amounted to over £6.4m.
Other key issues in the case included: –
The JSM was a fitting last working commitment of the Defendant’s solicitor, Rod Evans. We wish him a long and happy retirement.