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| Drunk man sues cabby for £300,000. http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=16986 |
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| Author: | Sussex [ Thu Jun 16, 2011 8:04 pm ] |
| Post subject: | Drunk man sues cabby for £300,000. |
£300k claim over taxi door injury A MAN who almost died after he opened the door of a moving taxi has launched a legal battle for more than £300,000 compensation. James Stokoe suffered a serious brain injury when, as the driver braked, the passenger door slid shut, smashing into his head. The 26-year-old from Darlington, who has been left handicapped and unable to work by his injuries, claims the taxi driver was negligent. He was later rushed to hospital with a fractured skull and bleeding on the brain and underwent two operations. He spent 16 days in intensive care, followed by rehabilitation. Mr Stokoe and his friend George Brawn had caught the taxi back to Darlington from the Chicago Rock Café in Middlesbrough after a night out on Friday, May 23, 2008. But Mr Stokoe, who was drunk, opened the taxi door as the vehicle was moving. The door then slid shut when the taxi braked, hitting him on the head. Mr Stokoe got out and, after being sick, continued the journey and was later dropped off on Park Lane, Darlington, near to his home. Later, at around 4.30am he was found lying on the pavement unconscious and close to death. It was initially suspected that he may have been assaulted but police quickly ruled any attack out. Mr Stokoe, of Drinkfield Crescent, is now claiming damages from taxi driver Asif Afzal, of Saltwells Road, Middlesbrough. A writ was issued yesterday on his behalf by Ben Townsend of Stewarts Law. Mr Stokoe claims the taxi driver was negligent on the grounds that he failed to maintain the rearside passenger door properly, failed to appreciate the door was open and that Mr Stokoe was leaning out. Furthermore, he also alleges that Mr Afzal braked in such a way as to make the taxi door slide shut. Mr Stokoe's family last night declined to comment. The Northern Echo visited Mr Afzal's address but a woman, who said she was his mother, said he no longer lived there and did not know his whereabouts. |
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| Author: | Southport PH [ Thu Jun 16, 2011 8:35 pm ] |
| Post subject: | Re: Drunk man sues cabby for £300,000. |
How can the taxi driver be negligent when it was the drunken bell end of a passenger who opened the door. It's about time people manned up and blame themselves for their own actions instead of blaming and innocent person. Next you'll be hearing of taxi passengers suing the driver because the passenger wasn't wearing their seatbelt before the taxi braked hard to avoid something in the road. |
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| Author: | bloodnock [ Thu Jun 16, 2011 8:51 pm ] |
| Post subject: | Re: Drunk man sues cabby for £300,000. |
Southport PH wrote: How can the taxi driver be negligent when it was the drunken bell end of a passenger who opened the door.
It's about time people manned up and blame themselves for their own actions instead of blaming and innocent person. Next you'll be hearing of taxi passengers suing the driver because the passenger wasn't wearing their seatbelt before the taxi braked hard to avoid something in the road. Thats the EU Human rights for ya................its always the Innocent that suffers and the erseholes who get the cream...we should dump the EU and its fechin human rights laws once and for all |
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| Author: | grandad [ Thu Jun 16, 2011 8:53 pm ] |
| Post subject: | Re: Drunk man sues cabby for £300,000. |
bloodnock wrote: we should dump the EU and its fechin human rights laws once and for all
Do you really think that by leaving the EU we would have no human rights laws here?
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| Author: | Sussex [ Thu Jun 16, 2011 10:08 pm ] |
| Post subject: | Re: Drunk man sues cabby for £300,000. |
grandad wrote: bloodnock wrote: we should dump the EU and its fechin human rights laws once and for all Do you really think that by leaving the EU we would have no human rights laws here? ![]() It wouldn't change a thing as we were already signed up before Blair signed up.
The only difference being was that now our courts can deal with the issues without having to go to Strasbourg each time. |
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| Author: | Nidge [ Fri Jun 17, 2011 10:52 am ] |
| Post subject: | |
He was pissed so IMO he shouldn't be able to claim a penny, the driver wasn't at fault for anything. |
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| Author: | Sussex [ Fri Jun 17, 2011 11:15 am ] |
| Post subject: | |
Midlander wrote: He was pissed so IMO he shouldn't be able to claim a penny, the driver wasn't at fault for anything.
It's a no win no fee scam to try and get an early settlement. |
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| Author: | edders23 [ Fri Jun 17, 2011 5:34 pm ] |
| Post subject: | |
I hope this does go to court and gets thrown out otherwise it could open up the floodgates if the bloke wins we could all end up with having to increase the level of cover on our insurance with a massive hike in premiums because we would become responsible for other peoples negligence even if we have done everything reasonable to prevent an accidental injury |
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| Author: | bloodnock [ Wed Jun 22, 2011 5:32 pm ] |
| Post subject: | Re: Drunk man sues cabby for £300,000. |
grandad wrote: bloodnock wrote: we should dump the EU and its fechin human rights laws once and for all Do you really think that by leaving the EU we would have no human rights laws here? ![]() No...but we would have a human rights bill a lot less ridiculous than the ECHR one that stitches us up good and proper at every turn... And by Leaving the EU we would not be paying off the debts that other countries incur...far better out of it and then we'd have far less red tape to bind our arms behind our backs as well..im fed up dancing to the EU tune. |
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| Author: | bloodnock [ Wed Jun 22, 2011 5:34 pm ] |
| Post subject: | |
Midlander wrote: He was pissed so IMO he shouldn't be able to claim a penny, the driver wasn't at fault for anything.
yup....vehicles are not Idiot and Pi$$head proof...a disaster of his own making, pure and simple. |
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| Author: | captain cab [ Wed Jun 22, 2011 6:07 pm ] |
| Post subject: | |
There's a lot of questions need answering here. Where has the driver ran off to? Was the vehicle fitted with rear door motion locks....if so, why weren't they working? I think the passenger has a case......I also think he'll win. CC |
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| Author: | grandad [ Wed Jun 22, 2011 6:19 pm ] |
| Post subject: | |
Maybe the passenger was trying to do a runner from the vehicle. |
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| Author: | captain cab [ Wed Jun 22, 2011 6:40 pm ] |
| Post subject: | |
grandad wrote: Maybe the passenger was trying to do a runner from the vehicle.
Perhaps......but I bet the passenger will win the claim. CC |
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| Author: | Nemisis [ Fri Jun 24, 2011 8:09 am ] |
| Post subject: | |
"If" the Taxi was one of the conversions with no motion locking, the chap in a drunken state opens the door before the taxi stops, it would not have been locked, the only indication to the driver might be the sound of it and perhaps the internal courtesy lights coming on, both could have been overlooked in the mayhem usually associated with drunken passengers. Then if as the taxi stopped the door would slide forward unfortunately with his head in the way. Under this scenario would the driver still be found liable? |
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| Author: | gusmac [ Fri Jun 24, 2011 10:55 am ] |
| Post subject: | |
Nemisis wrote: Under this scenario would the driver still be found liable? Since nobody these days is ever to blame for their own stupidity, then yes probably he would. |
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