Tracy Sutherland, 45, sustained extensive head injuries on Boxing Day 2005 when she opened the passenger door of her husband’s car as he was driving her home from a party. She fell out and was subsequently struck by the Citroen Saxo of Frank Turnbull.
Mrs Sutherland made a compensation claim from Mr Turnbull’s insurers, alleging that her catastrophic injuries were the result of being struck by him.
Mr Sutherland had apparently turned his car around immediately when he realised his wife was gone, but his actions and the glare of his headlights as he furiously flashed them at oncoming motorists may have merely served to confuse Mr Turnbull.
Mr Justice Stadlen revealed that, although they have not admitted liability, Mr Turnbull’s insurers have agreed to pay Mrs Sutherland 30% of what she might otherwise have been entitled to, but for her physical injuries only. They will not pay anything for her head, facial or shoulder injury. Mrs Sutherland also now suffers from irritability as well as reduced attention and loss of motivation.
The defendants contest that her most severe injuries were caused when she fell from her husband’s car and hit the ground, rather than when she was struck by the Saxo. Her drunkenness, they say, was the main contributory factor in her accident.
It is unknown, says the Northern Echo, how much she will now be entitled to claim.
Source: Press Reader