ALMO pays "substantial damages" to claimant brain damaged after pothole trip

An arm’s length management organisation (ALMO) has agreed to pay “substantial compensation” to a man who suffered brain damage after tripping in a pothole while walking home with friends.

Kyle Bullock, an Australian, was coming down Lightfoot Road in Haringey on the night of 22 July 2007 when he suffered his injuries.

The road, which had a one in 10 gradient, was not well lit and had a number of potholes. The evidence from the claimant and his friends was that he had stumbled in one of the holes.

Mr Bullock was taken to hospital and kept in the intensive care unit. He subsequently underwent brain surgery and spent a long period in a brain injury rehabilitation unit.

The defendant ALMO, Homes for Haringey, initially sought to deny responsibility, arguing that the potholes had not caused the incident.

However, it later emerged that the road had been placed in March 2007 on the network priority list as in need of works. There had also been complaints from members of the public about its state.

The claim settled in respect of liability in 2008, with the claimant agreeing to accept 72.5% of his full claim value.

However, further litigation ensued over the value of the claim.

Mr Bullock had been working for a charity and living with his partner in a newly purchased flat at the time of the accident. However, he could not return to work and the relationship ended.

The claimant therefore decided to return to Australia to continue with his rehabilitation. He has now developed epilepsy.

The claim has now been settled. It was approved by Sir Raymond Jack sitting as a High Court judge on 11 March 2013.

Mr Bullock’s solicitor, Field Fisher Waterhouse partner Jill Greenfield, said: "This has to be the worst case of a pot hole causing such serious injuries. My client's life has been turned upside down primarily due to the failure to maintain the road surface by Homes for Haringey; such simple steps could have been taken."

A spokeswoman for Haringey Council said: “We are sorry for the injury and distress suffered by Mr Bullock. Following this incident, we introduced a comprehensive maintenance programme on all Homes for Haringey estates.

“We carry out twice-yearly inspections of all estate roads and footpaths, making repairs as necessary.We spend £300,000 each year on maintenance as part of our efforts to prevent this kind of incident from happening again.”