Field Fisher Waterhouse recovers compensation for man left with severe brain injuries after fall
16 October 2008
Law firm Field Fisher Waterhouse LLP has recovered compensation
from Homes for Haringey Ltd for a man who suffered severe brain
damage following a serious fall. Kyle Bullock, a 33 year old
from South London, fell on a poorly maintained road.
It was the Claimant’s case that Kyle was walking with friends
down Lightfoot Road in Crouch End, North London one evening in July
last year. He was on his way back to a friend’s house when
they called for him to catch them up. It was Kyle’s case that
he broke into a gentle jog and tripped in a deep pothole in the
road. He stumbled and lost his balance, falling heavily and
rolling down the steep hill striking his head on the edge of a
second pothole. It was subsequently apparent that this road, which
had a very steep gradient, was in a poor state with a number of pot
holes present.
Kyle was taken to Whittington Hospital in North London and was
later transferred to the National Hospital for Neurology and
Neurosurgery in London. He suffered severe traumatic brain
injury; with damage to the frontal lobes and multiple skull
fractures requiring surgery.
Kyle has since been through a process of rehabilitation but
still requires help and assistance. The nature of his injury is
such that his personality has altered leading to the breakdown of
his relationship and his inability to work.
He now plans to return to Australia where his family live, to be
with his mother.
Jill Greenfield, partner in the
Personal Injury
Group at Field Fisher Waterhouse, represented Kyle and brought
a claim against Homes for Haringey Ltd, a subsidiary of Haringey
Council. Homes for Haringey was set up in 2006 to manage
Haringey’s council housing and was responsible for the maintenance
of Lightfoot Road. The Defence, whilst they admitted the road was
poorly maintained, they did not admit that it was the road surface
that had caused the accident. A trial was due to take place
in November 2008.
After negotiations the organisation accepted the majority of
responsibility, 72.5%. The discount represents contributory
negligence and litigation risks. Kyle has received an initial
£75,000 interim payment but expects to receive a substantial award
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. I am very pleased with the
result.”
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 were 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.”
For further press information, please
contact:
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on +44 (0)20 7861 4120