201202.21
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Multiple Vehicle Accident Injury Compensation Approved in Court

A women who sustained traumatic brain injuries after being hit by a lorry as she was walking home from the shops has had an award of 750,000 pounds approved in London´s High Court in respect of her multiple vehicle accident injury compensation claim.

Devbai Patel (60) from Neasden in London was walking home alongside the North Circular Road in January 2008 when two cars crashed on the busy dual carriageway. A lorry, trying to avoid impact with the two cars, mounted the pavement and hit Devbai – leaving her with multiple fractures and severe brain damage and killing the lorry driver.

Devbai was air-lifted to hospital where she underwent emergency surgery to save her life. She spent a further two weeks in an Intensive Care Unit and underwent months of rehabilitation before being allowed home. Even though Devbai made a good physical recovery, the brain damage she sustained means that she will require permanent care.

After seeking legal advice, Devbai´s family made a pedestrian accident claim against the car driver responsible for causing the multiple vehicle accident, who had also pleaded guilty to causing the death of the lorry driver by careless driving. Although liability was not in doubt, negotiating a suitable multiple vehicle accident injury compensation with the driver´s insurers took over two years.

In London´s High Court, Mrs Justice Cox heard that the two parties had now reached an agreement which would see Devbai and her family receive an immediate lump sum of 750,000 pounds with annual tax-free and index-linked payments of 25,000 pounds. Approving the settlement of multiple vehicle accident injury compensation, Mrs Justice Cox sent her best wishes to Devbai and her family.

201201.16
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Wheelchair Injury Claim Settled in Out of Court Agreement

A man who suffered a broken leg and head injuries, when his motorised wheelchair was hit by a negligent motorist on a road crossing, has settled his pedestrian accident claim with the driver´s insurers.

Arthur Billingsley of Olivette, Missouri, was in the process of crossing the town´s main road in his wheelchair when he was in collision with a car driven by Willette Jackson of St. Louis, Missouri. After being attended at the scene by an ambulance, Arthur was taken to St. John´s Mercy Medical Centre in Olivette where he was treated for concussion and underwent surgery for a broken leg.

After speaking with his solicitor, Arthur made a pedestrian accident claim for compensation against Ms Jackson; stating that she had been driving without due care for the road conditions and had failed to see him on the crossing. The claim was not contested by Ms Jackson and after four months of negotiations, a settlement was agreed between her insurers and Arthur´s legal representative for 100,000 dollars in wheelchair injury compensation was agreed.

201112.03
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Slips, Trip and Falls Compensation Awarded to Leicester Shopper

A woman, who sustained shoulder and hip injuries when slipping on the access bridge to a Leicestershire shopping centre, has secured a slips, trips and falls compensation settlement against the owners of the site.

Gweneth Bowler from Quorn in Leicestershire was visiting the Highcross Shopping Centre in Leicester with her daughter when the accident happened in January 2011. The 64-year old grandmother was crossing a covered walkway which connects the shopping centre car park with the stores, when she slipped on a wet surface and fractured her rights shoulder and hip in the fall.

While recovering from her injuries, Gweneth wrote to Leicester City Council about the hazard, prompting the council to initiate a health and safety inspection. The inspection revealed several areas where the owners of the shopping centre – Hammerson PLC – were failing in their health and safety obligations including a lack of cleaning to prevent the floor surface of the walkway from becoming slippery in bad weather.

After taking legal advice, Gweneth filed a claim for slips, trips and falls compensation against Hammerson PLC and, with negligence by the owners already established, the claim was quickly resolved for an undisclosed sum.

201109.13
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Bus Company to Pay 10.5 Million Dollars for Pedestrian Tragedy

A woman who was knocked down by a bus on a pedestrian crossing is to receive 10.5 million dollars in compensation after representatives of the bus company agreed to an out-of-court settlement just as the jury were being seated at the Alameda County Superior Court.

On November 3 2008, Abby Nichols (23) of Oakland, California, had just finished for the day at the San Francisco bagel shop in which she worked as an assistant, and started crossing the road at the junction of Telegraph Avenue and 51st Street.

Although the green light was in her favour, a bus turned into the road, knocking Abby over, and trapping her beneath the chassis of the vehicle. She remained trapped for a further 15 minutes, as the bus driver did not know how to operate the hydraulic lever, and Abby sustained a crushed hip that needed to be replaced, a broken pelvis and femur.

The bus company, AC Transit, found in their own investigation that the bus driver was guilty of negligence but failed to arrange a quick settlement for Abby. It was only when legal action was pursued that Abby – who stills undergoes physical therapy and walks with the aid of a cane – managed to obtain the bus injury compensation to which she was entitled.

201107.23
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UBS Found Negligent for Decorative Globe Leg Injuries

The Swiss banking giant, UBS, has been ordered to pay more than 480.000 dollars in personal injury compensation to a Connecticut man who severely injured his leg on a decorative globe placed outside of their Stamford offices.

Al Barbarotta (60) from Trumbull, Connecticut, was walking from the Government Centre in Stamford to the local train station in June 2006 when, in a crowd of people, he caught his leg against the metal lettering which encircled the UBS globe. The metal letters sliced into his right leg and Al fell heavily onto his left knee.

The accident caused injuries to Al´s legs which required 37 stitches and several surgeries – including one to insert a prosthetic knee replacement.

After seeking legal advice, Al sued UBS for his injuries, claiming that the globes were public nuisances.  As evidence, Al produced a video in which he demonstrated the sharpness of the lettering by scoring through a set of work gloves on the edges of the metal.

UBS denied the claims but, after a week´s trial at the State Superior Court in Stamford, a jury found in Al´s favour and awarded him $78,777 for his medical expenses and $401,500 for non-economic damages – a total of $480,277.

201006.08
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Road Traffic Accident Victim Sues Google over Faulty Directions

Google has been named in a road traffic accident claim in the United States. It has been claimed that Google Maps provided Lauren Rosenberg of Los Angeles, California, with dangerous walking directions while she was Park City, Utah.
The compensation claim is primarily against the driver of the car, but Google is also named in the lawsuit because it is alleged that Google Maps told her to walk along “Deer Valley Drive” – which happens to be State Route 224 and does not have a footpath. Google has defended itself by pointing out that the mobile version of Google Maps has a warning: ‘Walking directions (beta): Use caution’. Interestingly, the desktop/laptop version of the warning is more specific about the dangers of using Google Maps for walking directions and contains additional text: “Use caution–This route may be missing sidewalks or pedestrian paths.”

This is the first known example of a mapping serving being named in a pedestrian accident claim. While it is clear that Google is not primarily responsible for the road traffic accident, the solicitors for injured party is claiming contributory negligence.