A bumpy part of a road outside the station was well known to firefighters there. They tended to drive into the middle of the road to avoid it, or slow down so as not to bounce the passengers. Our client’s back was jolted when he was thrown up from his seat when a Brigade driver drove over the bump on the way to an emergency.
The Judge held the Brigade was vicariously liable for the failure of their driver to take the above precautions at a place where the danger was known to him. The fact of the client’s injury was proof of driving at excessive speed in the circumstances.
Newcastle upon Tyne CC, 13 May 2008.
Recovery of the costs of hearing aids in noise induced deafness cases
In two liability admitted “test” cases where damages had been agreed, the only issue was the costs and future costs of hearing aids and the maintenance of them, accelerated, according to the Judge’s findings, by more than five years but not more than 10 years. The claimants claimed over £10,000 each. After a 10-day trial, the Judge awarded £2,500 to one and £1,250 to the other.
Evidence from the defendants ENT surgeon Mr Yeoh and a hearing aid audiologist Mr Ormerod was preferred to the evidence of the claimants’ experts Mr Carruth and Mr Munn. The 39-page judgment is available from Keith Spicer. It is understood that the claimants were only awarded half their costs relating to this issue.
Coffin and Tarrant -v- Ford Motor Company Limited. Southampton County Court February 2008.
High award of asbestos damages under T & N Scheme
A fatal mesothelioma claim pursued against T & N under the T & N Scheme resulted in settlement of £218,158. The deceased was 51 years old when he died with good employment prospects.