• 2 September 2010

Holidaymaker wins holiday accident claim for broken foot

by Macks Solicitors

A Whitby restaurant owner was banned from driving for 18 months after an altercation with a holidaymaker.

The incident happened when Terry Walls had to pull a child out of the way as Christopher Ford, reversed his 4×4 vehicle into the street outside his restaurant.

Mr Walls was holidaying in Scarborough and was enjoying an outing to Whitby with his family and friends and their children. They were browsing at the shops down Church Street along with other shoppers and holiday makers when Ford reversed into the road.

One of the children with the party was in the path of the reversing car and had to be dragged out of the way. Mr Walls went to the drivers window, which was open, to complain and during the exchange caught the door mirror with an arm bending it forward.

As Mr Walls walked away Ford drove forward at him, running over his foot and fracturing his fibular in the process.

During the hearing at York Crown Court Ford pleaded guilty to a charge of dangerous driving. He was given the 18 month ban and ordered to sit an extended driving test before being allowed to drive again.

In addition he was placed under Community Order for 12 months, must complete 120 hours of unpaid work and must pay £1,500 compensation as well as defence and prosecution costs amounting to £1,5000.

Ford denied intentionally injuring the victim and said that he drove after him to argue with him about the mirror.

A charge of wounding was not proceeded with and a not guilty verdict was entered.

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