A (A Protected Party) v CIC Limited and Central Liverpool PCT

Area of law:

4 September 2014

This case concerned a young man with brain injury acquired as a child.  He was inappropriately placed in a care home with residents significantly more disabled than him one of whom would regularly assault him.  He would often run away from the home and his advocate had both tried to transfer him from the home and had warned that if he ran away he would be at significant risk due to poor road sense.

The claimant did run away and was struck by a car on a motorway.  The claimant suffered a serious spinal injury and lost his right arm. Liability was disputed and expert evidence had to be commissioned.  A compromise was reached in excess of £3 million on the basis of a 92.5/7.5 split in liability.