ASD acted for Mr S in a claim arising out of a road accident which occurred in Knaresborough.
At the material time Mr S was standing on a busy cobbled street outside a pub, on the day of the Knaresborough bed race, when Mr S said that a car collided with his leg and ankle resulting in him falling to the floor and fracturing his ankle.
However, the defendant claimed that there had been no collision and Mr S had sustained injury due to falling over whilst drunk or because a drunken reveler had fallen on Mr S, causing the injury.
ASD obtained CCTV footage from the local council which unfortunately wasn’t clear as to the cause of the injury. The defendant, the defendant’s insurers, the defendant’s solicitors and the investigating police officer all maintained that the CCTV footage was clear in showing no collision between the defendant’s vehicle and Mr S – ASD and Mr S disagreed.
Court proceedings were issued and the parties obtained expert evidence from video and CCTV experts, with the defendant’s expert supporting the defendant’s position and the claimant’s expert supporting the claimant’s position. The case was listed for trial.
3 days before the trial the defendant made an offer to settle which the claimant was happy to accept, in effect vindicating the claimant and ASD in taking the bold decision to run the case and being willing to take the matter to trial, despite the opinion and evidence seemingly against them.
* Image is for illustrative purposes only