This was a claim for £5,000 damages. The plaintiff was a 14 year old school girl who was a back seat passenger not wearing a seat belt in a car which collided head on with a vehicle travelling in the opposite direction. Primary liability was not in dispute.
The plaintiff's injuries consisted of a cut on her right upper eye lib measuring some 2 cm; a bruising injury to the fourth and fifth fingers of her right hand; and a possible concussion injury.
The plaintiff's solicitors accepted in negotiation that there would be a reduction under Froom v Butcher and settlement subject to Court Approval was agreed in the sum of £1,250. The case came before District Judge Ruth Collins at Omagh Court on the 15th March. District Judge Collins would not approve the sum of £1,250 as she said that she did not believe that there could be any contributory negligence in these circumstances against a 14 year old girl. She suggested that the sort of figure which she would be minded to approve was £2,500.
We were not prepared to recommend settlement at that figure and therefore the matter was re-listed for hearing before District Judge Keegan at Strabane on the 23rd April 2002. He agreed that this was an appropriate case for a reduction under Froom -v- Butcher and he assessed general damages on full liability at £1,500 reduced by 15% to £1,275.