A pedestrian who was hurt in a road accident in East London has won the right to compensation from Newham Council because it failed to trim the shrubs in the middle of a busy road.
Mrs Pervin Yetkin, 54, was attempting to cross Stratford High Street when she was hit by a taxi. The traffic lights were against her and her view of the traffic was obscured by bushes that the Council had failed to keep under control.
Mrs Yetkin was very seriously hurt in the accident, suffering severe internal injuries and a fractured neck. She decided to sue the Council for compensation on the basis that the untrimmed bushes were partly to blame for her accident.
In the first instance, the judge rejected her claim, finding that the Council did not owe Mrs Yetkin a duty of care. However, this decision was overturned on appeal. The three Court of Appeal judges found that the judge in the lower court had misinterpreted the law.
The Court of Appeal held that Newham Council did owe Mrs Yetkin a duty of care, even though she was partly responsible for the accident. In the Court’s view, the Council should be held 25 per cent responsible for the injuries sustained by Mrs Yetkin. The exact amount of the damages award will be decided at a future hearing.