On 01/11/2012, C who was 77 at the time was standing outside the drive of a GP surgery. She was standing on the edge of the pavement in the driveway of the GP surgery, waiting to cross the road.
D was parallel parked on the main road and suddenly and without warning reversed her vehicle, driving beyond the limit of the kerb and knocking C to the ground.
An ambulance was called and C was taken to hospital where she was diagnosed with a de-gloving injury to her left calf.
Her wound was cleaned and dressed. She was kept in hospital overnight and discharged the next day.
Prior to the accident C was living independently and was an active member of the community.
The opinion of a Consultant Plastic Surgeon was sought and it was confirmed that C had suffered an open de-gloving injury to her left lateral calf and musculoskeletal injuries to her left knee and right foot. She was expected to recover from her injuries by November 2013.
As a result of the accident C has been left with a permanent 15cm x 8cm scar on her left lateral calf.
After discharge from hospital C had her wound dressed at home by District Nurses for the first 2 months and thereafter her wound was dressed at the GP surgery twice a week.
The injuries left C with reduced mobility and impacted on her activities of daily living. C was on crutches for a month after the injury and thereafter used a walking stick till around March 2013. She was unable to cook and clean and required additional assistance with household chores.
Prior to the accident C would regularly travel to Kew Gardens and was a keen gardener and member of a number of ladies groups. Following the accident she was not able to partake in these activities.
The prognosis was that the skin on her calf would always be a little fragile and easily traumatised.
C sought damages for personal injuries and losses suffered as a result of D's negligence. A Letter of Claim was sent to D on 29/11/2012 and an admission of liability was made on 24/04/2013.
The parties reached an amicable settlement of the claim in the sum of £25,000 on 24/07/2013.
The claim was settled on a global basis however, a rough breakdown of the settlement figure is as follows:
General Damages: £12,000
Special Damages: £13,000
D also agreed to pay C's costs of the case, which had been run under a Conditional Fee Agreement, and was subject to a fixed success fee.
For the Claimant: Solicitor: Sarah Towler, Russell-Cooke
For the Defendant: Sheila's Wheels