Pensioner who needs 24-hour care for injuries sustained in collision sues van driver for £200k
A pensioner who now needs 24-hour care after being hit by a van is suing the driver and his insurers more than £200,000.
Papers submitted to the High Court in London say Teresa Johnson, from Brierley Hill, will need round-the-clock care for the rest of her life after being hit at a pedestrian crossing in 2016.
Ms Johnson's claim is against the driver, Adam Mansell, of Ada Wrighton Close, Willenhall, and Aviva Insurance.
On December 8, 2016, the 78-year-old was pushing her shopping trolley across the A38 Tyburn Road in Erdington. Court papers say Mr Mansell, who was at the wheel of a Mercedes Sprinter, had a mobile phone on his dashboard.
The claim says he stopped at a red light and turned right just as Ms Johnson started to cross the second half of the dual carriageway. It goes on to add that he failed to see the pensioner, but realised there had been an accident by the sound of the collision.
Solicitor Peter Gosling accuses the van driver of negligently failing to keep a proper look out, failing to heed her position and presence, failing to give way or brake, driving too fast, and failing to take evasive action to avoid the collision.
Mr Mansell is also accused of negligently allowing himself to be distracted by his mobile phone, and causing an avoidable collision.
Ms Johnson suffered multiple life-changing injuries including a very severe traumatic head injury, with a fractured skull, fifteen fractured ribs, a partly collapsed left lung, and right dislocated elbow.
She underwent emergency surgery to relieve pressure on her brain, and treat her other injuries, and needed more surgery in 2018 when surgical screws had become loose.
The 78-year-old remained in hospital until February 2017 when she was moved to a rehabilitation unit, and moved to a care home in Erdington, Birmingham. She is expected to spend the rest of her life there, needing 24-hour care, papers add.
No date has been set for the hearing.