Personal injury lawyer news
30/07/2010

Student loses injury claim appeal

A personal injury lawyer has failed in his efforts to secure compensation for a 28-year-old man from Plymouth who sustained a brain injury in 20ft fall from a fence onto a concrete council-owned car park.

Although the claimant's personal injury lawyer had decided to forgo hopes of 100% compensation, he had hoped to prove the council 25% liable for the former Southampton University student's accident in public.

In an earlier ruling, a judge at the High Court agreed with this stance, but now, after the council's decision to contest this ruling, the Civil Court of Appeal has ruled that the council should not be considered liable in any way, saying that to find them so would be to saddle them with an "impossible burden" that could potentially "open the floodgates" to other similar claims.

"I reach this conclusion with considerable sympathy for the claimant, whose life has been blighted by a tragic accident," commented one judge.

The claimant had drunk eight pints of beer and been running from a taxi when he tripped over the fence, which was in a state of disrepair.

There is now no prospect of appeal for the claimant and his personal injury lawyer.

 

 
 
 
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