Taxi Driver Online

£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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IDFIMH

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

Do you really think that by leaving the EU we would have no human rights laws here?

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Grandad,

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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IDFIMH

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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Do not argue with an idiot. He will drag you down to his level and beat you with experience.

Believe me, don't get Mercury X2

It's a no win no fee scam to try and get an early settlement.

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IDFIMH

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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lack of modern legislation is the iceberg sinking the titanic of the transport sector

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.

yup....vehicles are not Idiot and Pi$$head proof...a disaster of his own making, pure and simple.

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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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Maybe the passenger was trying to do a runner from the vehicle.

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Grandad,

Perhaps......but I bet the passenger will win the claim.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

"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?

Since nobody these days is ever to blame for their own stupidity, then yes probably he would.

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