Personal Injury Claims
A FARNHAM homeowner has fought off a £6m damages claim by a girl who broke her neck diving into his swimming pool during a teenage party whilst he was away on holiday.
Exonerating David Hawkins of all blame for the tragedy that wrecked young Kylie Grimes' life, the judge, Mrs Justice Thirwall said he owed no "paternalistic" duty to young adults who chose to dive into his pool during the ill-fated school leaving party held by his daughter, Katie.
There was nothing unusual about the pool; its contours could clearly be seen and those, like Miss Grimes, who took the risk of diving in were "exercising their free will", said the judge, who added that Mr Hawkins was under no obligation to put up signs banning adults from diving.
She was an athletic, horse-mad 18-year-old when Katie Hawkins held a midnight party around the pool at her father's house in exclusive Temple Close, Farnham, in August 2006.
Miss Grimes, a keen sportswoman, of Stephendale Road, Farnham, who worked full-time at a local stables, suffered terrible head and neck injuries when she dived into the pool and struck her skull on the bottom in the early hours of August 5.
She was rushed by ambulance to Frimley Park Hospital where she received treatment but has been left tetraplegic and confined to a wheelchair.
Free will
Miss Grimes sued David Hawkins, a director of a forklift truck business, claiming he should be held legally responsible for the tragedy even though he was away on holiday at the time. Lawyers argued "no diving" signs should have been put up around the pool.
But, clearing him on Wednesday (August 3) Mrs Justice Thirlwall said: "He was not required to adopt a paternalistic approach to his visitors, all of whom were adults, all of whom were making choices about their behaviour, exercising their free will.
"I do not accept that it is incumbent on a householder with a private swimming pool to prohibit adults from diving into an ordinary pool whose dimensions and contours can clearly be seen.
"It may well be different where there is some hidden or unexpected hazard, but there was none here."
Ruling that Mr Hawkins had not "assumed responsibility" for Miss Grimes's safety, the judge said: "She was an adult. She did something which carried an obvious risk.
"She chose, voluntarily, to dive when, how and where she did, knowing the risks involved, as she acknowledged on the first day of the trial.
"I am quite satisfied that it would not be fair, just or reasonable to impose upon Mr Hawkins a duty of care to Miss Grimes which required him to put his pool out of bounds at night, or to prohibit adults from diving into the pool", the judge concluded.
The court earlier heard how 19 school leavers - some of them drunk - congregated at Mr Hawkins' house when he was not there. In the witness box, Katie Hawkins agreed that the party "got out of hand" when more teenagers than she expected turned up.
She said she turned on the lights to protect swimmers and, although she accepted that she "should have said something, looking back on it", she told the court: "I knew that noone was going to listen to me".
Amidst a "steamy atmosphere", with mist coming off the heated pool, Miss Grimes dived in from the side of the 30 foot by 15 foot pool and struck her head on the bottom. The court heard everyone panicked and it was Katie and a friend who called the emergency services.
Earlier, the judge was told Miss Grimes £6m damages claim was far in excess of Mr Hawkins' insurance cover and, had she won the case, he would have faced bankruptcy.
The ruling means the wheelchair-dependent woman will go without a penny.
'Childish behaviour'
Mrs Justice Thirwall said Mr Hawkins, his wife and older daughter had gone away for the night and left Miss Grimes, then 18, in charge of their large, detached, electric-gated home.
Katie Hawkins was given permission to have four friends round for a sleep-over because she didn't want to be alone at night, but instead a "party atmosphere" developed as around 20 school leavers - some of whom had been drinking- descended on the family pool after midnight.
The judge said the childish behaviour of some of the party-goers who attended court to testify in May gave an indication of the atmosphere on the night that Miss Grimes broke her neck.
She said: "A number of the defendant's witnesses seemed to regard the trial as something of a social event or entertainment. They are now, at youngest, 23. Some are older.
"They conducted themselves like badly behaved young teenagers.
"I make some allowance for nerves, whilst noting that Kylie and her witnesses behaved entirely appropriately throughout the trial, and they are the same age.
"Their behaviour gave me some insight into their likely conduct on the evening of August 4 and 5 when they were five years younger and in drink.
"Miss Hawkins struck me as rather young for her years. She did however conduct herself appropriately during the trial."
Katie Hawkins and Miss Grimes attended the same college, but were not close friends. Katie Hawkins told the court she was "tipsy" at the party - having drunk half a bottle of wine and several vodkas - but the judge accepted that she was not drunk.
The judge ruled Kylie had been invited to the party and pointed out that Katie gave her a bikini top and jogging bottoms to wear in the pool. Miss Grimes was "an accomplished swimmer", but the judge said she dived in closer to the shallow than the deep end.
'Great dignity'
After striking her head on the bottom, Miss Grimes "immediately said that she was hurt, her legs were not working properly and she needed to be kept still".
The judge added: "It is difficult to overstate the remarkable calm and maturity she displayed. She knew immediately that she had injured her neck.
"She was determined that her friends should keep her still. She gave instructions to them all throughout as to how she should be looked after.
"She insisted no one should try and move her. She asked for an ambulance to be called.
"There could have been nothing less attention seeking than Miss Grimes's conduct. She was calm, collected and sensible. She was plainly not drunk and her judgment was not impaired".
In her ruling, the judge said Kylie is also suing the Frimley Park Hospital NHS Foundation Trust in relation to her treatment after the accident.
The trust, the court heard, has "admitted breach of duty", but denies that caused Kylie's disabilities.
Kylie's case against Frimley Park is likely to be the subject of another court hearing in the future, unless settlement terms are agreed before then.
Wednesday, 3 August 2011
Staff and patients 'want unsafe Lincolnshire hospital closed'
Medical Negligence Lincolnshire
NHS staff suggest a hospital should close because it is "unsafe for patients".
In a statement today, public workers union Unison claims staff and patients at Boston Pilgrim have expressed concerns about failings at the hospital.
The claims come days after 100 student nurses were withdrawn from placements by the Nursing and Midwifery Council.
It also follows a critical report in June when the Care Quality Commission found the hospital to be failing in 12 out of 16 categories.
Yesterday, Government officials moved to reassure people across Lincolnshire that the hospital would be brought up to standard.
But Unison area organiser David Kirwan, who represents nursing and other public sector staff, said: "Several of our members have said it has got to a point where they believe the hospital is unsafe and should possibly even close for a major management restructure.
"Patients attending the hospital are stating to staff they believe it to be unsafe and, therefore are fearful of their own safety."
Yesterday, health secretary Andrew Lansley said he had every confidence that the issues at Boston pilgrim Hospital would be addressed.
He said: "It is very important to give people reassurance we're trying to ensure, together with the management, that they address any problems and failings there may be there," he said.
Spokesman for United Lincolnshire Hospitals Trust Clare White said the trust was pleased by the reassurance.
She said: "We are pleased the Health Secretary has offered his reassurance about Pilgrim Hospital and has recognised the work that is taking place. Our new management team is now fully in place, with strong leadership throughout the hospital. We have started to see clear results from our work including our patient safety express programme.
"This enables us to measure various aspects of care and identifies where improvements are being made or where further work is needed.
"For example, the number of patients with a correct care plan in place for managing pressure ulcers increased from 45 per cent in May to 85 per cent in June.
"We are continuing the work introduced in the past few months, such as hourly care rounds to ensure we are satisfied patients are seen at least once an hour and their needs are met.
"Staff are undertaking refresher training for care planning, record-keeping and other aspects of care. We introduced dignity pledges in June to ensure patients were treated with dignity and respect at all times. We have revised shift handovers and we have strengthened our customer care team."
In a separate incident, Lincolnshire Police are investigating after a 37-year-old member of the nursing staff was arrested and questioned in relation to allegations connected to the hospital.
source: thisislincolnshire.co.uk
NHS staff suggest a hospital should close because it is "unsafe for patients".
In a statement today, public workers union Unison claims staff and patients at Boston Pilgrim have expressed concerns about failings at the hospital.
The claims come days after 100 student nurses were withdrawn from placements by the Nursing and Midwifery Council.
It also follows a critical report in June when the Care Quality Commission found the hospital to be failing in 12 out of 16 categories.
Yesterday, Government officials moved to reassure people across Lincolnshire that the hospital would be brought up to standard.
But Unison area organiser David Kirwan, who represents nursing and other public sector staff, said: "Several of our members have said it has got to a point where they believe the hospital is unsafe and should possibly even close for a major management restructure.
"Patients attending the hospital are stating to staff they believe it to be unsafe and, therefore are fearful of their own safety."
Yesterday, health secretary Andrew Lansley said he had every confidence that the issues at Boston pilgrim Hospital would be addressed.
He said: "It is very important to give people reassurance we're trying to ensure, together with the management, that they address any problems and failings there may be there," he said.
Spokesman for United Lincolnshire Hospitals Trust Clare White said the trust was pleased by the reassurance.
She said: "We are pleased the Health Secretary has offered his reassurance about Pilgrim Hospital and has recognised the work that is taking place. Our new management team is now fully in place, with strong leadership throughout the hospital. We have started to see clear results from our work including our patient safety express programme.
"This enables us to measure various aspects of care and identifies where improvements are being made or where further work is needed.
"For example, the number of patients with a correct care plan in place for managing pressure ulcers increased from 45 per cent in May to 85 per cent in June.
"We are continuing the work introduced in the past few months, such as hourly care rounds to ensure we are satisfied patients are seen at least once an hour and their needs are met.
"Staff are undertaking refresher training for care planning, record-keeping and other aspects of care. We introduced dignity pledges in June to ensure patients were treated with dignity and respect at all times. We have revised shift handovers and we have strengthened our customer care team."
In a separate incident, Lincolnshire Police are investigating after a 37-year-old member of the nursing staff was arrested and questioned in relation to allegations connected to the hospital.
source: thisislincolnshire.co.uk
Monday, 1 August 2011
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Eight people hurt in two crashes in Lincolnshire
Personal Injury Lincolnshire
EIGHT people were hurt in two separate crashes around the county over the weekend.
One smash, involving four cars and a lorry, left a 43-year-old man with a serious head injury and another three needing hospital treatment.
It happened at 12.45pm on Saturday near a garage at Nocton Heath on the A15 south of Lincoln.
The road was closed between the B1178 and the B1202 for almost seven hours.
The man, who has not been named, was driving a Ford Escort.
He was described by staff at Lincoln County Hospital as being in a "serious" but stable condition yesterday.
The other three people injured in the accident were said to have minor injuries.
In addition to the HGV and the Ford Escort, a blue Audi A4 and two other cars were involved, although details of their make and model are not known.
In a separate incident on Friday, four people were injured after a taxi ploughed into a group pedestrians having mounted the pavement at Roman Bank, in the seaside resort of Ingoldmells, near Skegness at midnight.
A man and a woman who were walking on the pavement were both left with broken legs.
Sergeant Craig Dunderdale, of Lincolnshire Police, said: "At about midnight on Friday night a grey Fiat Scudo taxi mounted the kerb in Roman Bank at Ingoldmells.
"It collided with a number of pedestrians, injuring four.
"A man and woman received broken legs, a third person received a serious cut to their side and facial injuries and a fourth person received minor injuries.
"Police would ask for anyone with information on the collision to get in touch."
All four victims were taken to Boston Pilgrim Hospital to be treated for their injuries. Police would not confirm what had caused the driver to mount the kerb, but said everyone involved in a road accident is automatically breathalysed and that no arrests were made. The road was closed until just before 1am Saturday morning.
The Echo previously reported how a bus driver was jailed after killing five people when he ploughed into holidaymakers outside the Fantasy Island resort on Easter Sunday, 2004.
The driver mistook his accelerator of the double-decker bus for the brake in a devastating accident.
Anyone with information on the Nocton Heath crash should call Lincolnshire Police on 0300 1110300 quoting incident number 227 of July 30, or call Crimestoppers anonymously on 0800 555111.
Anyone who was in the Roman Bank area on Friday night or who saw the taxi leave the road and hit the pedestrians should call the same numbers, citing incident number 594 of July 29.
source: thisislincolnshire.co.uk
EIGHT people were hurt in two separate crashes around the county over the weekend.
One smash, involving four cars and a lorry, left a 43-year-old man with a serious head injury and another three needing hospital treatment.
It happened at 12.45pm on Saturday near a garage at Nocton Heath on the A15 south of Lincoln.
The road was closed between the B1178 and the B1202 for almost seven hours.
The man, who has not been named, was driving a Ford Escort.
He was described by staff at Lincoln County Hospital as being in a "serious" but stable condition yesterday.
The other three people injured in the accident were said to have minor injuries.
In addition to the HGV and the Ford Escort, a blue Audi A4 and two other cars were involved, although details of their make and model are not known.
In a separate incident on Friday, four people were injured after a taxi ploughed into a group pedestrians having mounted the pavement at Roman Bank, in the seaside resort of Ingoldmells, near Skegness at midnight.
A man and a woman who were walking on the pavement were both left with broken legs.
Sergeant Craig Dunderdale, of Lincolnshire Police, said: "At about midnight on Friday night a grey Fiat Scudo taxi mounted the kerb in Roman Bank at Ingoldmells.
"It collided with a number of pedestrians, injuring four.
"A man and woman received broken legs, a third person received a serious cut to their side and facial injuries and a fourth person received minor injuries.
"Police would ask for anyone with information on the collision to get in touch."
All four victims were taken to Boston Pilgrim Hospital to be treated for their injuries. Police would not confirm what had caused the driver to mount the kerb, but said everyone involved in a road accident is automatically breathalysed and that no arrests were made. The road was closed until just before 1am Saturday morning.
The Echo previously reported how a bus driver was jailed after killing five people when he ploughed into holidaymakers outside the Fantasy Island resort on Easter Sunday, 2004.
The driver mistook his accelerator of the double-decker bus for the brake in a devastating accident.
Anyone with information on the Nocton Heath crash should call Lincolnshire Police on 0300 1110300 quoting incident number 227 of July 30, or call Crimestoppers anonymously on 0800 555111.
Anyone who was in the Roman Bank area on Friday night or who saw the taxi leave the road and hit the pedestrians should call the same numbers, citing incident number 594 of July 29.
source: thisislincolnshire.co.uk
Women's cancer rates higher in Britain than Europe
Cancer Claims
Official figures suggest almost a fifth more women in this country develop the disease before the age of 75 compared with those on the continent.
The World Cancer Research Fund, which unearthed the data, fears that the difference could be down to the fact that British women drink and eat too much.
Dr Rachel Thompson, Deputy Head of Science for WCRF, said: “On average, women in the UK are more likely to be overweight and to drink more alcohol than the European average and this is a concern because both these factors increase cancer risk.
“They are not the only reasons for the differing cancer rates, but there is now very strong evidence that women who drink a lot of alcohol are at increased risk of developing the disease and that excess body fat is also an important risk factor.
“This is why one of the big public health challenges we face today is to reduce the amount of alcohol we drink as a nation and to get a grip on the obesity crisis before it spirals out of control.
“Together with other factors such as being physically active and eating a healthy plant-based diet without too much salt or red and processed meat, these changes could make a real difference to the number of women who develop cancer before the age of 75.
“Overall, we estimate about a third of the most common cancers could be prevented by eating healthily, being physically active and maintaining a healthy weight. And for breast cancer, which is the most common type of cancer, about four in 10 cases could be prevented through lifestyle changes.”
Recent estimates suggest that four out of 10 Britons will develop cancer at some point in their lives.
The Office for National Statistics reported last month that 130,043 women were newly diagnosed with the disease in England alone in 2009, a rise of 2.6 per cent on the previous year.
By far the most common type among females is breast cancer, with 40,260 cases in 2009. About a quarter of those who develop such tumours die, despite widespread screening and the development of better drugs in recent decades.
According to World Health Organisation figures, 25 per cent of women across Britain develop cancer by the age of 75.
This is almost 20 per cent more than the average of 21 per cent recorded across Europe.
source: telegraph.co.uk
Official figures suggest almost a fifth more women in this country develop the disease before the age of 75 compared with those on the continent.
The World Cancer Research Fund, which unearthed the data, fears that the difference could be down to the fact that British women drink and eat too much.
Dr Rachel Thompson, Deputy Head of Science for WCRF, said: “On average, women in the UK are more likely to be overweight and to drink more alcohol than the European average and this is a concern because both these factors increase cancer risk.
“They are not the only reasons for the differing cancer rates, but there is now very strong evidence that women who drink a lot of alcohol are at increased risk of developing the disease and that excess body fat is also an important risk factor.
“This is why one of the big public health challenges we face today is to reduce the amount of alcohol we drink as a nation and to get a grip on the obesity crisis before it spirals out of control.
“Together with other factors such as being physically active and eating a healthy plant-based diet without too much salt or red and processed meat, these changes could make a real difference to the number of women who develop cancer before the age of 75.
“Overall, we estimate about a third of the most common cancers could be prevented by eating healthily, being physically active and maintaining a healthy weight. And for breast cancer, which is the most common type of cancer, about four in 10 cases could be prevented through lifestyle changes.”
Recent estimates suggest that four out of 10 Britons will develop cancer at some point in their lives.
The Office for National Statistics reported last month that 130,043 women were newly diagnosed with the disease in England alone in 2009, a rise of 2.6 per cent on the previous year.
By far the most common type among females is breast cancer, with 40,260 cases in 2009. About a quarter of those who develop such tumours die, despite widespread screening and the development of better drugs in recent decades.
According to World Health Organisation figures, 25 per cent of women across Britain develop cancer by the age of 75.
This is almost 20 per cent more than the average of 21 per cent recorded across Europe.
source: telegraph.co.uk
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