Injured pedestrian wins damages claim with local council over untrimmed bushes

In 2004 a taxi hit Pervin Yetkin, 54 of north London as she was crossing the road, whilst the traffic lights were against her.

When she claimed for the accident she didn’t receive any damages as the court ruled that she was to blame for the accident. She therefore could not claim damages from her local council in Newham.

However Mrs. Yetkin decided to appeal against the ruling. The Court of Appeal said the bushes had obscured her view of the traffic.

At the appeal three judges stated that although Mrs. Yetkin had been negligent, the local council still had a call of duty of care and had failed to trim back the bushes.

Duty of care

The three judges continued to say that Newham Council should be responsible for 25% of the damages suffered to Mrs. Yetkin. The sum is yet to be confirmed until another court has assessed the report at a later date.

In 2004 Mrs. Yetkin was crossing a carriageway in London when a taxi knocked her down. The accident lead to life threatening injuries such as a fractured neck and internal injuries.

Mrs. Yetkin then tried to sue Newham Council, but a single judge on the case dismissed her claim. Upon pursuing the case further and appealing the ruling, three new appeal judges ruled that the previous judge had misunderstood the law and that Newham Council would have to pay for damages.

If you have had an accident in the last 3 years and would like to claim, contact one of our Personal Injury Lawyers who can help you on 0161 926 9969.