On 19th October 2007 at the Royal Courts of Justice, His Honour Judge Foster QC ruled that Mr Anthony Gleeson, a passenger thrown from the boot of a car in a road accident, will receive compensation but will have his damages reduced by 30% because he was found partly responsible for the serious injuries he suffered.
The accident happened in the early hours of 21st October 2005 as a group of six friends were returning home from a nightclub in Coventry.
Anthony Gleeson, who was 21 and a student at Coventry University at the time, had been travelling in the boot of his friend's car, and was thrown from the boot when the driver lost control of the car on the Coventry Ringway. Two of the other passengers were also thrown from the car in the impact.
Anthony suffered multiple fractures to both arms, left leg, collar bone and ribs, as well as a head injury. His main injury was a dual brachial plexus injury and despite extensive nerve grafting surgery, he still has no effective use of his hands and severely limited use of his arms. His injuries have affected all aspects of his life and he will require assistance for all activities of daily living for the rest of his life.
The Defendant driver, Mr Ian Court, was convicted of dangerous driving and being under the influence of alcohol. It was heard in evidence that he had falsely reassured his passengers on a number of occasions when questioned that he was fit to drive. The group had not remained together throughout the evening in the nightclub and could not have known exactly how much the driver had been drinking.
Anthony made the decision to travel the short distance home in the boot of the car at the last-minute, when he and his friends realised there were too many of them to travel in the car. The driver closed the boot of the car with Anthony inside and then drove off.
Speaking after today's hearing Clare Salmon of Stewarts Law Law said:
"Anthony has paid a high price for his misguided decision to travel in the boot of his friend's car that evening, but ultimately much of the responsibility lays with the driver. The accident was caused by his negligent driving which caused him to lose control of the car. The damages that will be awarded to Anthony at a future date, will be required to provide for his life-long care, housing and equipment needs".
The case is ongoing and the final award is yet to be determined, but it is likely to run to more than £1 million.