Injured pedestrian sues lorry driver for £25,000

Ian Birnie, 66, claimed he should be paid damages following the incident, which happened in August 2016.

He wants compensation for the cost of two brain scans, doctors’ fees, prescription costs, the loss of his driving licence, loss of his time and sleep deprivation that affected his earnings.

However, while the driver, Nigel Batiste, admits liability, he disputes the losses and wants proof in respect of causation and the extent of damage sustained by Mr Birnie.

At trial in the Royal Court, Mr Birnie said his case was a ‘fairly simple matter’.

On the day of the incident, he was walking along the Grand Bouet just past the traffic lights.

‘The truck that the metal bar slid off was stopping and starting – it was going no more than three or four mph.

‘But it is a very narrow road.

‘As I was walking, I noticed this metal bar, which was between four or five foot, slide off the back. I tried to move to the left but I couldn’t go any further because there was a hedge in my face.

‘It [the bar] bounced off my head and then hit my shoulder.’

He said he was left in a state of shock. The next day he had a headache and shoulder pain. He saw the doctor the next day.

‘The headaches went on for quite some time.’

He was prescribed painkillers, anti-depressants and sleeping tablets.

‘My sleep pattern was so irregular,’ he added.

‘It may seem simple, but for someone’s ridiculous, stupid mistake, we are here and it has affected my health.’

Among Mr Birnie’s claims were £2,900 for the cost of taxis, £760 for the cost of two brain scans, £400 for doctors’ fees, £200 for prescription costs, £8,700 loss of time dealing with telephone calls in relation to the matter, and ‘a sum to be decided by the court’, for the loss of driving licence plus other claims.

Mr Batiste worked as a pest control technician for construction firm R J Falla. At the time of the incident, Mr Batiste was delivering aluminium for recycling on its behalf.

In the defences, Advocate Mark Dunster, representing Mr Batiste, described the metal bar as a piece of lightweight aluminium.

The defence accepted Mr Birnie had one brain scan, however it claimed he did not have more than one.

It was also claimed by the defence that the incident did not result in Mr Birnie having his driving licence suspended.

His licence, Mr Dunster said in court, was suspended by the Guernsey Driver’s Vehicle Licensing Authority in late 2015 following previous health matters. A letter from the authority said Mr Birnie had not submitted proof of medical fitness to drive until January 2017.

But Mr Birnie said the authority was going to re-instate his licence prior to the incident but it withdrew that when they found out he had a brain scan.

In questioning, Advocate Dunster pointed out that Mr Birnie was in receipt of social security benefit when it happened so would not have had to pay doctors fees - nor would he have had to pay for the brain scan because of the secondary health care contract.

Mr Birnie had provided no receipts for the healthcare costs. He said that he did not keep them because he thought the matter was going to be settled out of court.

‘You don’t have receipts because you didn’t have to pay for it,’ Mr Dunster said.

Mr Birnie said he did have to pay for the doctors fees.

‘Don’t say I’m lying - don’t try and trip me up because it won’t work.’

He thought he had two brain scans as he remembered going to the radiology department twice but admitted that one of them might have been an X-Ray.

BLOB The case continues.