• 1 September 2010

Dancer loses toe after freak accident

by Macks Solicitors

A dancer who lost a toe in a school bus accident has won £20,000 in compensation after lodging a claim against the bus company. Kirsten Evans now aged 18, reached an out-of-court settlement with Bluebird Buses, Perth Sheriff Court was told.

Miss Evans, a competition dancer, trapped her toe between seats on a bus on her way to Perth High School on 7 September 2005. She was sitting in the second row of seats from the front of the bus and the seats in front were of the flip up style. She was sat with her legs crossed and as a young boy quickly flipped the seat in front and sat down her foot became trapped. She had to have emergency surgery to her foot but was forced to have the tip of her toe amputated.

She claimed the Aberdeen-based bus company had failed to look after the safety of passengers and lodged a writ seeking £20,000 damages. The court writ stated that she was a keen dancer who attended classes five times a week and regularly took part in competitions. After the accident she was unable to do ballet point work for 6 months and her toe still remains tender while doing certain moves.

The court writ also said: “She felt immediate pain. The top of her left toe was amputated in the accident and reattachment was not deemed viable. She underwent surgery to amputate the left second toe at the DIP joint. She suffered severe pain.” Miss Evans claimed she was off school for three weeks and had her sleep disturbed while she was studying for five Highers.

A spokesman for Bluebird buses said they had jointly settled the compensation claim with the bus manufacturers without admission of liability.

Miss Evans declined to comment on the court case afterwards.

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