The Royal Courts of Justice yesterday approved a substantial settlement of a personal injury claim brought by Clare Girbash, formerly of Manchester, against Mainline Auto Engineering in relation to the catastrophic injuries she sustained in a road traffic accident on the A303 in Wiltshire in April 1998.
Clare was involved in a head-on collision in which she sustained a very severe traumatic brain injury and spent several months in a coma. After the accident it was discovered that there was a defect in the rear brakes of the vehicle which Clare was driving and the police investigators felt that this could have contributed to the loss of control of the vehicle and, consequently, the collision. Clare had recently purchased the vehicle and had told her mother that she was getting the vehicle serviced before going on her planned journey.
Clare, who was represented by Philippa Luscombe, head of the personal injury team at Penningtons Solicitors LLP and Dennis Matthews of Counsel alleged that she took the van in for a service at Mainline Auto Engineering in Manchester on 28 April 1998. The garage serviced her vehicle under a cash transaction and failed either to identify that it had a brake defect on the rear offside rear wheel and/or to advise her of the defect.
It was alleged that, as a result of the defect in the rear brake, of which she was unaware, the rear end of the van swung out when she braked. Clare was unable to regain control of the rear end of the van and rapidly lost control of the vehicle, causing the accident.
The defendant garage disputed that it had actually serviced the vehicle on the basis that, although there were records confirming that the van had been booked in for a service, there were no records of the vehicle actually being taken in. The garage argued that Miss Girbash did not, in fact, bring the van into the garage as arranged. It further disputed the level of effect of the brake defect, argued that there was no evidence that the claimant braked, and suggested that the accident was caused predominantly by the claimant over-steering the vehicle.
The claim is of particular interest because, due to the severe nature of her injuries, the claimant was unable to give any evidence on her behalf. Clare's mother, Margaret Leicester, acting on her behalf as her Litigation Friend, initially investigated the link with the garage following conversations with Miss Girbash prior to the accident and subsequent investigation of her diary and telephone records.
The liability aspects of the trial went to the Court of Appeal but judgment was awarded in Clare's favour. After many years of rehabilitation, she has made real progress despite the severity of her injuries. With the help and support of a committed team of carers, therapists, a brain injury case manager and her mother, Clare was able to move into her own adapted property in the Southampton area in 2009 but will remain dependant on a large team of people to support her in living independently.
The defendant's insurers have taken a co-operative approach to interim funding to enable Clare to complete her rehabilitation and move into her own property. Settlement of the claim was delayed to enable this to all take place and for Clare to be settled in.
Following a round table meeting, the parties negotiated a substantial settlement for Clare to provide the funding she needs to maintain her independent living, predominantly in relation to her care, therapy and support package.
This settlement was yesterday approved by the court given that Clare is a Protected Party.
Philippa Luscombe of Penningtons Solicitors LLP said: "This has been a long running case which has been complicated in many respects. Clare has done extremely well given the nature of her injuries and it has been a real pleasure to watch her progress over time and to see her settled in her home. Settlement of this claim should now protect her future and enable her to maintain the care and support that she needs to live as independent a life as possible."
Contact: Philippa Luscombe
Related services: Personal injury