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Injured pedestrian to get damages | Injured pedestrian to get damages |
(about 2 hours later) | |
A pedestrian injured in a road accident has won the right to compensation from a council which failed to trim bushes on a central reservation. | A pedestrian injured in a road accident has won the right to compensation from a council which failed to trim bushes on a central reservation. |
Pervin Yetkin, 54, of Dalston, north London, was hit by a taxi as she crossed a street while traffic lights were against her in 2004. | Pervin Yetkin, 54, of Dalston, north London, was hit by a taxi as she crossed a street while traffic lights were against her in 2004. |
She appealed against a ruling that she was to blame for the accident and could not seek damages from Newham Council. | She appealed against a ruling that she was to blame for the accident and could not seek damages from Newham Council. |
The Court of Appeal said the bushes had obscured her view of the traffic. | The Court of Appeal said the bushes had obscured her view of the traffic. |
The three judges said, despite her own negligence, the local authority still owed her a duty of care and had failed in that duty by not trimming back the bushes. | The three judges said, despite her own negligence, the local authority still owed her a duty of care and had failed in that duty by not trimming back the bushes. |
Duty of care | Duty of care |
They said Newham Council should compensate her for 25% of the damage she suffered. | They said Newham Council should compensate her for 25% of the damage she suffered. |
The amount she is to receive will be assessed by another court at a later date. | The amount she is to receive will be assessed by another court at a later date. |
Mrs Yetkin was knocked down by a taxi at night on 13 February 2004 while crossing the southbound carriageway of Stratford High Street. | |
She suffered life-threatening injuries, including a fractured neck and internal injuries. | She suffered life-threatening injuries, including a fractured neck and internal injuries. |
She sued Newham Council but Judge Hegarty QC dismissed her claims at Manchester civil justice centre last October. | She sued Newham Council but Judge Hegarty QC dismissed her claims at Manchester civil justice centre last October. |
On Tuesday, appeal judges Lord Justice Laws, Lady Justice Smith and Lady Justice Black said the single judge had misunderstood the law. | On Tuesday, appeal judges Lord Justice Laws, Lady Justice Smith and Lady Justice Black said the single judge had misunderstood the law. |
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