Brain damaged man wins £75,000 compensation
A man who suffered a serious
fall which left him brain damaged on a poorly maintained road in Haringey, North London, has won a £75,000 payout after Homes for Haringey accepted the majority of responsibility.
33 year old Kyle Bullock of South London, was returning home from a night out with friends in North London when he fell behind. His friend called to him to catch up, so Mr Bullock broke into a light jog.
As he ran to catch up to his friends, his foot landed in a deep pothole on Lightfoot Road. This caused Mr Bullock to loose his balance and fall heavily on the steep road.
The sharp incline meant that Mr Bullock rolled as he fell hit his head on another pothole in the road. It was this blow to the head which caused the most serious of Mr Bullock’s injuries.
His friends called an ambulance and he was rushed to the nearby Whittington hospital where the injuries to his head were considered to be so severe that he was quickly transferred to the National Hospital for Neurology and Neurosurgery in London.
At the National Hospital for Neurology and Neurosurgery in London, he was diagnosed with severe traumatic brain injury; with damage to the frontal lobes and multiple skull fractures.
As a result of his injuries he required extensive surgery and his personality changed dramatically, leading to the break down of his relationship and the loss of his job.
Mr Bullock has been through an intensive rehabilitation programme, but will never be able work again and still requires assistance with simple daily activities.
The fact that Mr Bullock fell on one pothole and hit his head on another clearly implies that the road was very badly maintained, however, Homes for Haringey Ltd were adamant that the accident was not their fault.
While they admitted that the road was poorly maintained, they suggested that the road surface was not the cause of the accident and that Mr Bullock's careless behaviour was responsible for his injuries.
The case was set to go to court next month until in a surprise turnaround, Homes for Haringey Ltd admitted 72.5 per cent liability and agreed to pay an initial £75,000 interim payment with a substantial award to follow once the claim has been fully quantified.
Amanda Bailey his litigation friend and ex partner said, "Kyle’s accident left him with serious brain damage and changed our lives forever. This money is there to assist Kyle with his financial and rehabilitation needs. Money can never bring back what he has lost but it will allow Kyle to live as good a life as possible, getting access to therapy in Australia and helping him to build his life."
Jill Greenfield, personal injury partner at Field Fisher Waterhouse said: "My client was simply returning home after a night out with friends when he fell and suffered brain damage. My initial inspection of this road made it clear to me that it was poorly maintained, with deep potholes. It was our case that a pot hole had caused the fall."
"The road should never have been left in this state and I felt Kyle had a strong case. The compromise represents the fact that Kyle could be seen to be partially at fault and the fact that the Defence was disputing the fact that the poorly maintained road was the cause of the accident."
"I am pleased that we have been able to recover compensation for Kyle so that he is able to join his family in Australia and begin to rebuild his life."Updated on 10/24/2008