Hope for woman who was hit by bus

Feb 18 2009 by Dave Black, The Journal

A WOMAN left with long-term brain injuries after being hit by a bus is in line for compensation payout following a court ruling.

Judith Trundley suffered multiple injuries – including a fractured skull – when she was knocked down on a pedestrian crossing in Newcastle’s Haymarket in March 2005.

The Alnwick woman, now 66, was hit by a bus carrying 20 passengers as she crossed the road, which was marked by amber warning lights for traffic. Last night she told The Journal how she had been left with no sense of taste or smell, suffered from regular dizzy spells and was unable to visit her daughter in Australia because she would not be able to cope with a long flight.

Her case was taken up by personal injury specialist John Davis, of Tyneside law firm Irwin Mitchell, who launched a compensation claim to help provide for her future care and quality of life.

Now a hearing at Newcastle County Court has ruled that Mrs Trundley and the bus driver, Douglas Hayton, were jointly responsible for the collision.

Mrs Trundley is hoping it will result in Mr Hayton’s employers, Arriva North East, contributing towards the costs of her long-term care, once these have been calculated.

Evidence, including expert analysis of CCTV footage and witness statements, was taken into account at the court.

The judge ruled that although Mrs Trundley could have taken more care as she crossed the road, the accident happened as a result of the bus driver driving too quickly, combined with his failure to keep a proper look-out.

CCTV analysis showed if he had been looking straight ahead he would have spotted Mrs Trundley, who was wearing a bright red jacket, in time to stop.

Mrs Trundley lives alone, but has two sons who live in Cramlington, a daughter in Australia and four grandchildren.

Yesterday she said: “The past four years have been really stressful. With brain injuries, people can’t always tell there’s something wrong with you, so they just expect you to get on with your life.

“I have been left with no sense of smell or taste, which means I have to be extra-careful when I’m cooking. I still have dizzy spells and have picked up a lot of injuries as a result.

“I’m waiting for an operation for torn cartilage in my knee.

“I was enjoying a normal middle-aged life, going to the cinema and seeing my family and friends, but what happened left me unable to do anything easily. My daughter lives in Australia but I can’t visit her there as I couldn’t even handle a short flight to the continent, let alone a trip half way around the world. I completely lost my independence.”

Mr Davis said: “As with all compensation claims of this kind, the aim is purely to ensure that the injured person’s needs are met. We are working now to calculate the cost of Mrs Trundley’s long-term needs.”

John Fozzard, marketing manager with Arriva North East, said: “We have accepted the judgement but nothing has been agreed as yet in terms of compensation from Arriva for the lady concerned. We are continuing to have discussions with her legal advisers.”