Prestwick victim loses out on accident claim

Nov 14 2008

A TRAGIC teacher injured in a road accident won the praise of a judge – but missed out on substantial damages.

Sarah Smith, 59, claimed that the smash on the A77 made her Parkinson’s disease worse and took the other driver to the Court of Session in Edinburgh.

But judge Lord McEwan ruled there was no evidence that Mrs Smith suffered a head injury and there was no hard and fast medical evidence of a link between head injury and Parkinson’s disease.

Mrs Smith of Seabank Road, Prestwick was awarded £4500 for the minor injuries she suffered to her neck, back and leg.

Lord McEwan said that if the link to her Parkinson’s disease had been established Mrs Smith would have been entitled to £137,000.

In his written ruling the judge described Mrs Smith as “a teacher who has special gifts” and said the crash near Kilmarnock in January 2003 had “blighted her life.”

Mrs Smith was working as a support teacher in Glasgow schools, helping staff with children of all ages who did not speak English as a first language.

“Her special gift is that she has a sufficient command of no less than eight foreign languages,” Lord McEwan noted.

“She lived in Prestwick and described her life as living beside a beach and driving the short distance to Glasgow to do a job she loved.”

Although still working, but nearer her home, Mrs Smith has suffered a change in personality, the court heard. Her left arm shakes, she has a tremor in her throat and has lost confidence.

She no longer socialises and does not want anyone to know the extent of her disabilities.

Lord McEwan said: “I am deeply sorry for Mrs Smith who presented herself with restraint and moderation. She made light of her condition. Many would not have behaved so.

“I do not doubt that forever, in her own mind, she will believe that the car crash has brought on her misfortune.

“Some day medicine and science may prove her correct but that is for future generations.”

The court heard that while driving to work a lorry pulled out of a lay-by, forcing Mrs Smith to swerve into the offside lane then brake. Another car coming up at speed from behind her smashed into her car.

Mrs Smith’s car was lifted up, spun round and hit the central reservation.

Although she was able to climb from the wreck, Mrs Smith was taken to hospital feeling sick and dizzy and complaining of pain to her neck.

The driver of the other car, Lorna McNair, 39, of Mount Avenue, Kilmarnock, admitted she was at fault but disputed Mrs Smith’s large claim.

The case left Lord McEwan with what he described as complex medical and legal issues to decide.

Doctors agreed that at the time of the crash Mrs Smith was suffering from Parkinson’s disease but showed no symptoms.

“It is likely that the accident brought forward the development and diagnosis by a period of up to seven years,” her lawyers claimed.

Lord McEwan said medical experts “did not speak with one voice” about possible links between head trauma and the disease.

“I am quite clear in my opinion that unless there is proof that Mrs Smith suffered a head injury her major claim cannot be proved,” he added.

The judge concluded there was no evidence that the accident had accelerated the disease but had “unmasked” it.

“It is impossible to conclude that Mrs Smith did sustain head injury,” he said.