Kyle was walking with friends down Lightfoot Road in Crouch End, North London one evening in July last year. He was on his way back to a friend’s house when they called for him to catch them up. Kyle broke into a gentle jog and tripped in a deep pothole in the road.
He stumbled and lost his balance, falling heavily and rolling down the steep hill striking his head on the edge of a second pothole. It was subsequently apparent that this road, which had a very steep gradient, was in a poor state with a number of pot holes present.
Kyle was taken to Whittington Hospital in North London and was later transferred to the National Hospital for Neurology and Neurosurgery in London. He suffered severe traumatic brain injury; with damage to the frontal lobes and multiple skull fractures requiring surgery.
Kyle has since been through a process of rehabilitation but still requires help and assistance. The nature of his injury is such that his personality has altered leading to the breakdown of his relationship and his inability to work. He now plans to return to Australia where his family live, to be with his mother.
Jill Greenfield represented Kyle and brought a claim against Homes for Haringey Ltd, a subsidiary of Haringey Council. Homes for Haringey was set up in 2006 to manage Haringey’s council housing and was responsible for the maintenance of Lightfoot Road.
The defendant admitted the road was poorly maintained but they did not admit that it was the road surface that had caused the accident. A trial was due to take place in November 2008.
After negotiations the organisation accepted the majority of responsibility, 72.5%. The discount represents contributory negligence and litigation risks. Kyle has received an initial £75,000 interim payment but expects to receive a substantial award once the claim has been fully quantified.
Amanda Bailey his litigation friend and ex partner said:
“Kyle’s accident left him with serious brain damage and changed our lives forever. This money is there to assist Kyle with his financial and rehabilitation needs.
"Money can never bring back what he has lost but it will allow Kyle to live as good a life as possible, getting access to therapy in Australia and helping him to build his life. I am very pleased with the result”.
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