Bus accident victim wins damages bonus
PUBLISHED: 16:42 27 January 2010 | UPDATED: 10:22 12 August 2010
A TEENAGE checkout worker told by a judge she was partly to blame after she was crushed by a double-decker bus has had her damages payout increased. Chantelle Osei-Antwi, of Derby Hill, Forest Hill, had her compensation reduced by a third at the Mayor an
A TEENAGE checkout worker told by a judge she was partly to blame after she was crushed by a double-decker bus has had her damages payout increased.
Chantelle Osei-Antwi, of Derby Hill, Forest Hill, had her compensation reduced by a third at the Mayor and City of London County Court in April last year.
A judge ruled then that she should have been aware of the danger the bus posed on June 15, 2005, as it turned a corner at Crystal Palace Parade at about 5pm.
Miss Osei-Antwi, who was going to work at Morrison's supermarket in Crystal Palace, was standing on a pedestrian part of the pavement.
As a result of being hit by the bus, she had to undergo surgery to her left ankle and suffered cuts to her left knee.
At London's Civil Court of Appeal, Lady Justice Hallett, sitting with Lord Justice Ward and Lord Justice Hughes, said that Miss Osei-Antwi, 22, was not guilty of "contributory negligence".
"She was standing on the pavement area designated for pedestrians, still several inches back from the edge of the road," said the judge, who added that the front of the bus missed her by some distance, but she was struck by the back end. Lady Justice Hallett observed that buses make a similar turn hundreds of times a day without any mishap.
"Had the bus driver got the angle right, there would not have been a problem," she added. "The driver got the angle wrong."
Miss Osei-Antwi, who now works as a sales assistant at a mobile phone shop, was awarded about £12,000 in compensation at the County Court against South East London and Kent Bus Company, which ran the bus service.
That damages payout will increase to more than £18,000 as a result of the Appeal Court ruling, although the legal costs in the case, which will be met by the bus company, are considerably higher.