Age at injury: 80

Age at trial: 82

Summary: The Claimant, an 82 year old woman received £50,000 after she suffered a complex tri-malleolar fracture of the left ankle necessitating 2 surgeries.

Background

On 10/08/2017 the Claimant had pressed the button at a pedestrian crossing at approximately 08:47. She waited for the pedestrian light to turn green to indicate that she could cross. The said light turned green and the Claimant proceeded to the cross the road. As she stepped onto the road, she was hit by the Defendant's motor vehicle and fell backwards onto the road.

The Claimant sustained injury and brought an action against the Defendant alleging that she was negligent in failing to stop when the Claimant was crossing the road, not keeping an adequate lookout, failing to apply her brakes and driving into the Claimant.

D alleged contributory negligence.

Injuries

The Claimant sustained injury to the left ankle, right ankle and psychiatric injury.

She suffered a soft tissue injury to her right ankle which resolved in 3 months.

She suffered from a major depressive episode. The medical evidence suggested this would resolve with cognitive behavioural therapy and antidepressants. 

The Claimant suffered a complex tri-malleolar fracture of the left ankle. She underwent surgical fixation and spent a prolonged period in hospital and then a care home. In March 2019 she underwent an operation for removal of metalwork.

The medical evidence suggested she would more likely than not require an ankle fusion within the next 5 years.

The Claimant had permanent symptoms which included a stiff ankle, residual aching and ankle swelling. She used a walking stick outdoors.

Settlement

The case was settled before formal court proceedings were commenced, with no particular breakdown of damages. However, the following breakdown was estimated by the Claimant's solicitors.

Pain, suffering and loss of amenity:                        £35,000
Past Care:                                                               £6,300
Travel:                                                                      £400
Miscellaneous                                                         £1,000
Medical                                                                   £3,200
Future care:                                                            £3,200
Shoes:                                                                    £900

Solicitor for the Claimant: Nimmisha Aslam, Russell-Cooke LLP

For the Defendant: Tesco Bank Insurance, Julie McQuillan