Brain-damaged Shropshire man sues driver

Ian Groves suffered serious head injuries when he fell from the car, as it was being driven out of a layby by motorist Jonathan Studley.

The accident happened following an altercation between Mr Groves and a friend of Mr Studley outside Dinky's Diner, in the layby at Ford, near Shrewsbury.

Mr Studley was jailed for 22 months after admitting dangerous driving, driving while disqualified and failing to stop after an accident.

Mr Groves, 38, of Snailbeach, near Shrewsbury, underwent brain surgery and has a range of difficulties including impaired speech and a risk of developing epilepsy.

Through his mother, June Groves, he is now suing Mr Studley, of Hall Meadow, Cannock, for damages following the accident in July 2010.

Lawyers for Mr Groves told London's High Court that Mr Studley "deliberately used his car as a weapon" by swerving to "catapult" Mr Groves from the bonnet. They argued that Mr Groves was either "collected" on to the bonnet after being hit, or jumped on to it in a bid to avoid being struck down.

Mr Studley has admitted primary liability for Mr Groves' injuries, but lawyers acting on behalf of him and insurers Zenith Insurance say the injured man bears most of the responsibility.

They allege Mr Groves deliberately "leapt" onto the bonnet after Mr Studley tried to avoid hitting him and that he should therefore receive just 20 per cent of any damages award.

The court heard the accident happened shortly after midnight in July 2010, as Mr Groves was returning from Welshpool, where he had been drinking with friends.

The group stopped to get some food from Dinky's Diner and, while there, three other cars, whose occupants were all friends, pulled into the same layby.

After "good-natured banter" turned into a confrontation between Mr Groves and one of Mr Studley's friends, two of the cars drove away, with Mr Groves chasing after them.

Mr Studley swerved and struck Mr Groves, who suffered catastrophic injuries.

Colin McCaul QC, for Mr Groves, said it was the swerving action which was the "most potent" cause of his catastrophic injuries.

He added: "Whilst in the 'usual' running down case a car is the involuntary blunt instrument responsible for the injury caused to a claimant, in this case Mr Studley used his car as a deliberate weapon when he swerved in such a way as to catapult Mr Groves on to the roadway.

"That Mr Studley served a sentence of 18 months for the way he drove and used the car is a solemn reflection of how grossly blameworthy his conduct was.

"He also drove his car at a significant speed and for a significant distance with Mr Groves hanging onto the bonnet - there can be no justification for that."

But lawyers for Studley and the insurers told the court that two independent eye-witnesses described Mr Groves jumping on to the bonnet after the driver swerved to avoid him.

Neil Block QC said: "Mr Studley was suddenly presented with a most unusual situation which he had to deal with in the context of fear and panic."

The High Court hearing continues.