CD v GeoPost Holdings Ltd (2019)

Age at injury: 74

Age at trial: 76

Summary: The Claimant, a 76 year old woman received £50,000 for a head injury she sustained as a result of a road traffic accident. She suffered contusions/lacerations to the scalp, skull fracture, headaches, dizziness, cognitive problems and a complete loss of her sense of smell and most of her perception of taste.

Background

On 11/10/2017 C was crossing a junction which had an island in the middle. When she got to the island traffic in the lane was not moving. C alleged that D indicated to her that she could cross, so she moved in to the road to cross. D then began to move and hit C, knocking her to the ground.

C sustained injury and brought an action against D alleging that he was negligent in failing to stop when C was crossing the road and was clearly visible, not keeping an adequate lookout, failing to applying his brakes and driving in to C.

Injuries

Injuries: C sustained injury to the head.

C suffered contusions and laceration to the scalp. A CT scan confirmed a linear fracture to the back of the head, small degree of temporal lobe contusion, subarachnoid haemorrhage and small subdural haemorrhage.

C was kept in for observation in hospital overnight.

C experienced headaches, dizziness, disorientation and cognitive problems for a number of months. At the time of settlement she continued to experience occasional dizziness. She had an increased risk of seizures by a minimum of twice the background risk for 10 years.

C was unable to drive for 6 months.

C suffered a complete loss of her sense of smell and most of her perception of taste which was permanent.

Settlement

The case was settled on a global basis pre issue with no particular breakdown of damages. However, the following breakdown was estimated by the C's solicitors.

PSLA: £48,000

Past Care: £600

Miscellaneous: £100

Gardening: £1,300

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

For the Defendant: Maria Stinglhammer, Aviva