The High Court in London has today ruled in favour of motorcyclist, Mr Simon Powell, finding that Mr Neil Auden was wholly to blame for the collision which left both with severe injuries.
45 year old Simon Powell from Highley in Bridgnorth was involved in a road traffic collision on 3rd August 2005.
The accident occurred on the B4363 near to the village of Cleobury Mortimer in Shropshire. Mr Auden, from Stourbridge, who was riding his Suzuki sports motorcycle, lost control of his bike as he approached a left hand bend, crossed into the oncoming carriageway where he collided with Mr Powell who was riding a Harley Davidson.
As a result, Mr Powell suffered significant personal injuries including a head injury, severe facial injuries resulting in the loss of his left eye, fractures of the left clavicle, right leg, both arms and hands. He subsequently developed life threatening meningitis.
Mr Powell today said: "I am delighted by the judgment today and Sir Robert Nelson’s finding that there was no fault at all on my part. I was always confident that the Judge would rule in my favour given the superb representation I had from my barrister, Malcolm Duthie, and legal team at Irwin Mitchell. My family and I can now move forward from this horrific accident which has had a life changing effect on our lives."
Mr Powell's solicitor, Tessa Herman a solicitor with national law firm Irwin Mitchell said: "My client has suffered the most appalling injuries as a result of this accident and still bears the scars – both physical and emotional – from what happened on that day.
"We have always maintained that this accident was caused entirely by Mr Auden and this has now been proven. We will be continuing with the claim to recover compensation for the injuries and losses Mr Powell has sustained as a result of this accident.
"It would be wrong at this stage to speculate about the value of the compensation Mr Powell is likely to receive. This will be decided at a later date, once independent medical experts have fully examined the available clinical evidence and have assessed the ongoing needs and support Mr Powell is likely to require both now and in the future."