St Albans & Harpenden Review
16 June 2010
A POLICE constable from London Colney left facing a lifetime in a wheelchair after a road smash was cleared of any blame for his injuries, paving the way for a multi-million pound damages payout.
Alexander Kotula, 27, of Norris Close, was badly injured when he fell into barriers around electrical works in Park Street, St Albans, and was hit by a passing lorry.
He brought a claim for damages against the companies responsible for the road works and yesterday was told by a High Court judge that he would get 100 per cent of the assessed damages.
During the hearing, EDF Energy Networks Plc and its contractors, Morrison Utility Services Ltd and Birch Utilities Ltd, admitted their failure to maintain a pedestrian passage of one-metre width through the works meant they were in "breach of duty".
But they argued that the damages to which Mr Kotula is entitled should be limited, because his own negligence had contributed to the accident.
But Judge Simon Brown QC ruled in favour of Mr Kotula, heaping all of the blame for his injuries on the three companies.
"The defendants were wholly responsible for this accident in laying out a very hazardous multi-layered trap of a narrow path on a curve with kerb across it," he said.
The hazard applied to all pedestrians and was beside a very busy road, with no warnings and no safety zone between the barrier in the road and passing lorries, he added.
During the trial, the three companies claimed that Mr Kotula's careless cycling was partly to blame - an argument rejected by the QC.
He said: "Accordingly, the defendants' plea of contributory negligence has not been proved and Mr Kotula does not bear any responsibility for his tragic accident."
Lawyers will now attempt to agree on the amount of Mr Kotula's damages payout, but will return to the court if such an agreement cannot be reached.
In the meantime, he will receive a £50,000 interim payment, although, given the extent of his injuries and the devastating effect on his whole life, his payout is likely to amount to millions of pounds.
The court heard that Mr Kotula is currently living with his wife in "unsatisfactory" accommodation and that an application to the court for another interim payment to fund an alternative home is likely soon.