Barking driver who hit pregnant woman has liability appeal dismissed
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Judges have thrown out an appeal after a driver was found to be largely at fault for crashing into a pregnant woman who was left brain damaged.
Lead Judge Lord Justice Tomlinson dismissed the case brought by Nana Osei-Kwabena, of Barnes House, St Marys, Barking, at the Court of Appeal on Wednesday following the incident in Green Lane, Ilford, in April 2010.
His lawyers argued Maria Sabir, of Levett Gardens, Seven Kings, who was five-months pregnant and subsequently miscarried, may have made an error of judgement when crossing the road and should bear more of the blame so damages could be considerably reduced.
However, Judge Tomlinson said Mr Osei-Kwabena’s liability was “substantially greater” than Mrs Sabir’s and dismissed the appeal.
At a liability hearing last year at the High Court of Justice, the judge heard that Mrs Sabir had parked her Saab in Green Lane and was crossing the road from behind it when she was hit by a Ford Focus, driven by Mr Osei-Kwabena.
Mrs Sabir’s lawyers argued that the collision was caused by negligence.
They alleged that the driver failed to keep a proper lookout on the road ahead and drove too fast in the circumstances.
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Lawyers for Mr Osei-Kwabena argued that he should bear no responsibility for the crash, as Mrs Sabir may have made an error of judgment when crossing the road.
But the judge ruled that the driver’s liability for the crash was 75 per cent.
Mrs Sabir sustained multiple injuries, including a traumatic brain injury, fractured skull and other broken bones.
Law firm Birchall Blackburn Law was appointed to handle the case on behalf of Mrs Sabir.
Specialist injury lawyer and partner at Birchall Blackburn Law, Dianne Yates said: “The claimant is a lovely lady who was highly qualified and spoke three languages. Now she struggles to communicate, move and remember things, she’ll also be unable to ever work again.
“After winning the appeal, our focus is now to recover the required level of compensation to allow her to get the care and support she requires for the rest of her life.”