Car victim in line for payout over catastrophic brain damage

Ian David Groves, 38, sustained serious head injuries when he fell from the car, as it was being driven out of a layby by Cannock motorist Jonathan Studley in July 2010.

It followed an altercation between Mr Groves and a friend of Mr Studley outside Dinky's Diner, in the layby near Ford, Shropshire.

Mr Studley was prosecuted and jailed for 22 months at Shrewsbury Crown Court in May 2011 after admitting dangerous driving, driving whilst disqualified and failing to stop after an accident.

Mr Groves, of Snailbeach, Shrewsbury, underwent brain surgery and, although he has recovered some mobility, still has a range of difficulties including impaired speech and a risk of developing epilepsy.

Through his mother, June Groves, he sued Mr Studley, of Hall Meadow, Cannock, who has now been found 60 per cent to blame for Mr Groves' injuries.

Mr Justice Stewart, giving judgment at London's High Court, said that, although Mr Groves was 'behaving badly', Mr Studley could have avoided causing the devastating injury.

He said: "Mr Studley clearly wanted to get away from the scene. However, I do not draw an inference in his favour that he was frightened.

"More than that, he initially drove his car directly towards Mr Groves. He could have driven out of the Welshpool exit.

"He could have taken a route which from the outset sought to avoid Mr Groves."

The judge said the incident happened shortly after 12.15am on 4 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 'banter' turned into a nasty confrontation between Mr Groves and one of Mr Studley's friends, two of the cars drove away.

Mr Groves, having been 'goaded' by the man he was arguing with, chased after the cars and then returned to the layby, at which point Mr Studley shouted at his then girlfriend to get into his Peugeot and started to drive off.

He drove towards Mr Groves, who the judge found jumped onto the Peugeot's bonnet from round about the front nearside corner of the car - either believing this would stop Mr Studley driving or, possibly, 'did not really think straight at all'.

Mr Studley then continued driving, carrying Mr Groves on the car's bonnet for one-third of a mile and speeding up, before 'deliberately swerving' to get Mr Groves off the car.

Mr Groves fell from the moving car and sustained catastrophic injuries as he hit the ground.

Mr Studley admitted primary liability for Mr Groves' injuries, but lawyers acting on behalf of him and insurers - Zenith Insurance Management UK Ltd - argued that the injured man bore the lion's share of responsibility for the outcome.

They alleged Mr Groves deliberately 'leapt' onto the bonnet after Mr Studley tried to avoid hitting him and that his damages should be cut by 80 per cent.

However, Mr Justice Stewart found that Mr Studley was 60 per cent responsible for the accident, and Mr Groves 40 per cent

The judge added: "I am not prepared to find that, at any stage, Mr Studley panicked or was frightened. Clearly he did not want Mr Groves on his bonnet.

"Once Mr Groves was on the bonnet it was difficult for him to get off unless the car stopped or at least slowed down substantially."

The ruling means that Mr Groves is now entitled to substantial damages, which will be calculated on the basis of 60 per cent liability.

The amount of his award will be assessed at a further court hearing unless final settlement terms are agreed before then.