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A reprehensible and foolish act but entitled to compensation in millions a judge rules (21 January 2013)

Date: 21/01/2013
Duncan Lewis, Legal News Solicitors, A reprehensible and  foolish  act but  entitled to compensation in millions a judge rules

A Royal Marine Robert Ayres, working as a trainee nurse at De Montfort University Hospital, in Leicester who was knocked down by a car causing grievous injuries while he had dropped his trousers in the middle of the road has won the right to millions in compensation.

The marine then aged 24, who had been out with his friends and in high spirits exposed himself in the middle of the road but his reprehensible behaviour was excused by the judge who ruled that though a very foolish act on the part of the marine 80% of the fault lied with the driver in causing the tragedy.

Despite pleas by his girlfriend Kim Brown the ex serviceman continued to stand in Horsefair Street, central Leicester with his trousers and underpants around his ankles as driver Mahesh Odedra approached.

As the car driven by Mahesh hit Ayres he hit his head on the kerb while falling to the ground and suffered devastating brain damage due to the collision leaving him with lifetime of serious disability.

With lifelong disability requiring care for the rest of his life the cost was being expected to cost millions of pounds and many of his friends had organised a series of charity events, including marathon runs and a benefit rugby match to raise funds for him.

But the High Court Judge Mrs Justice Swift yesterday confirmed that Mr Ayres would be awarded a huge compensation payout because the driver Mr Odedra had to share the lion’s share of the blame for the accident.

The drivers plea to the court that the car had not even touched Mr Ayres before he fell was rejected by the judge as intrinsically unbelievable and said that the initial account of the accident told to the police by Odedra was wholly false’.

The judge added that Mr Ayres was not acting in a hostile manner towards the driver or had actively interfering with his car. And at the same time she also rejected the claims that Mr Odedra had deliberately or recklessly driven his car into the half naked pedestrian.

The judge said that Odedra was 80% to be blamed as he had miscalculated his judgment and steered slightly to his left believing he could avoid Mr Ayres and get safely on his way.

Mrs Justice Swift ruled that Mr Ayres' behaviour, 'whilst reprehensible' and 'very foolish', had not caused the accident.

However, the judge said that he could not be absolved from all responsibility and found him 20 per cent to blame. Now the ruling would entitle Mr Ayres’ compensation to be calculated on the basis of 80% liability.

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

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