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Wednesday, 20 August 2014

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Biker to sue for £300k damages

A MOTORCYCLIST has started High Court proceedings to claim hundreds of thousands of pounds in damages over the injuries he suffered in a road accident.

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DARREN ATKINSON

Darren Atkinson, 47, says he has suffered both physical and emotional injuries as a result of the smash two years ago.

He says his marriage has broken down as a result and he has separated from his wife.

The claim issued on behalf of Mr Atkinson, of Derry Street, Barrow, says on the afternoon of April 10, 2010, he was riding his motorcycle on the A592 at Staveley-in-Cartmel, heading towards Newby Bridge.

The document says at the same time Michael Sterrett, of Lambourn Road, Bilston, Wolverhampton, was at the t-junction of the A592 and a side road, waiting to drive his Ford Focus car on to the A592.

When Mr Atkinson’s motorcycle was about 20-30 yards from the junction Mr Sterret is alleged to have pulled out into the path of the claimant – who had his 14-year-old stepson Ellis riding pillion on the bike – giving him no time to avoid the collision.

The claim says Mr Atkinson and his motorcycle hit the side of the defendant’s car and landed on the road after being thrown across the car.

Alleging negligence, the claim says Mr Sterrett emerged from the junction when it was unsafe to do so, failed to keep any adequate lookout and to heed the presence of Mr Atkinson and his motorcycle, misjudged the time and space available for his manoeuvre, drove into the path of the claimant’s motorcycle so that a collision was inevitable, and drove without reasonable care.

The High Court dossier says that although the stepson escaped with minor cuts and grazes, Mr Atkinson suffered fractures to his hip and knee which required plating and nailing respectively.

The hip fracture remains relatively stable but his knee has a ‘persistent non-union’, and in March 2012 he underwent a bone grafting procedure on his knee.

The claim says Mr Atkinson is able to walk but he is left with a very restricted range of movements in the knee and he remains in significant pain.

He cannot kneel or lift heavy objects and has had a substantial amount of time off work since the accident.

The claims says Mr Atkinson has also suffered a psychological reaction to the accident and his injuries and he has been left in a low mood and is prone to outbursts of anger, the file says.

His relationship with his wife, Sharen, has deteriorated to such an extent that they have separated as a result.

The claim form says the defendant’s motor insurer has admitted liability for the accident and Mr Atkinson is claiming damages of up to £300,000 for his injuries and losses.

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