Judge clears way for injured man to get compensation

Kevin Smith, a one-time fitness fanatic and father of four, suffered "grievous head injuries" when knocked down by the Ford Escort in Holliers Hill on December 24, 1999.

He had been out for a drink and was trying to cross the road on his journey home when tragedy intervened said Judge Mackay.

The 42-year-old sought damages for his injuries from motorist Adam Boswell, of St James Crescent, who denies blame for the tragedy.

But Mr Smith's counsel, Frank Burton QC, revealed today that an agreement has been reached though which Mr Boswell's motor insurers will pay 70 percent to a full valuation of Mr Smith's damages claim.

Although the amount of compensation has yet to be assessed - and will have to be reduced by 30 per cent - the pay-out is bound to be substantial. Millions have been awarded in similar cases.

Mr Smith, who is legally classified as a "patient" due to the catastrophic brain damage he sustained in the accident sued through his brother, Stephen Smith, of Ninfield Road.

Today's agreement clears the way for his lawyers to begin the complex task of assessing the full financial value of his claim.

Urging lawyers to act quickly to reach a final resolution of Mr Smith's case, Judge Mackay said it was now important to "get the show on the road" in calculating his damages award.

Mr Burton said the head injuries had left Mr Smith in a "low awareness state" - a condition which the judge likened to a coma. He is paralysed, cannot speak, and has a limited sense of the world around him.

His condition is somewhere between a "persistent vegetative state" and "locked in syndrome" - in which sufferers can do nothing for themselves but are aware of their environment, said Mr Burton.