Charlie Woodhouse successfully represented Miss Catherine Podesta in the recent case of Podesta v Akhtar and Aviva Insurance Limited  EWHC 1245 (QB), judgment for which was handed down on 16 May 2019.
In the early hours of the morning of 19 December 2015, Miss Podesta stepped from a central pedestrian island on Aldwych, London, at which point she was struck by a car driven by the First Defendant and suffered a severe brain injury.
The Claimant had no recollection of the accident and was dependent on the expert evidence of Mr David Hague, in particular his consideration of CCTV footage taken from a camera 100-120m away from the scene of the accident and with a view obscured by trees.
HHJ Melissa Clarke, sitting as a High Court Judge, found that the CCTV footage was inconsistent with the First Defendant’s evidence concluded that the First Defendant could and should have seen the Claimant before she stepped into the road and anticipated her doing so. Had he done so he would have avoided the collision. In making her findings in respect of the CCTV evidence HHJ Clarke was critical of the Defendant’s accident reconstruction expert’s evidence.
Judgment was given for the Claimant subject to a reduction of 30% for contributory negligence.
Charlie was instructed by Chani Dhaliwal from Irwin Mitchell Solicitors.
To view the judgment, please click here.
William Meade (Senior Clerk)