Devon County Council has been held responsible for a multi-million pound car accident compensation claim, by failing to repair a pothole.
The High Court was told that a Land Rover driver and his two passengers suffered serious personal injury, after the vehicle attempted an overtaking manoeuvre on a stretch of road at Limers Cross between Honiton and Smeatharpe.
As the Land Rover began to overtake a car, it hit a pothole which caused the driver to lose control and career into trees on the other side of the road.
Both passengers suffered life changing injuries in the accident, with one losing an arm and becoming tetraplegic, while the second passenger suffered a brain injury and multiple bone fractures.
Both injured passengers received compensation for their injuries from the driver’s insurers, after he admitted responsibility for the incident.
The passenger who lost an arm and is tetraplegic was awarded a £3 million lump sum and index linked annual payments of £275,000, to cover the cost of ongoing care for life.
The second passenger was awarded a single payment of £1,250,000 in damages.
The Telegraph newspaper is reporting that the insurers are now seeking to recover the money involved from Devon County Council, who they claim should be held responsible.
High Court judge Mrs Justice Slade agreed and found the council guilty of a serious breach of duty, by not properly maintaining the road.
The exact amount of compensation the council will be held responsible for is to be decided at a later date.