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3:26pm Thursday 6th August 2009
A drunken dance student who lost a leg after being dragged under a train while doing Ali G impressions looks set to win a six-figure payout after judges ruled he had the right to compensation.
Although Paul Collins-Williamson’s solicitors said it was too early in proceedings to discuss the exact amount that could be awarded by the train company, it has previously been reported a six figure sum is likely.
Speaking at his home in Turnpike Way, Isleworth, the relieved 32-year-old said last night: “I’m just glad it’s all over.”
Mr Collins-Williamson toppled into a gap between the train and platform at Gunnersbury Station as he walked along slamming on the windows and doing Ali G impressions in June 2003.
Surgeons were forced to amputate his left leg and he lost fingers on his left hand after being caught under the moving train and dragged along the tracks.
In November last year he was granted the right to a payout by a High Court judge, but saw his chances of securing damages fade when the train company Silverlink won the right to an appeal.
Judge John Reddihough’s initially ruled the company was 50 per cent to blame for the injuries suffered by Mr Collins-Williamson.
He ruled the train guard had acted negligently, and should have noted Mr Collins-Williamson’s "foolhardy behaviour" and not given the signal for the train to move.
He also found that the company's operating system was "defective", because the guard's door did not open, meaning he could not see the platform from inside the train.
At the appeal hearing last Friday Silverlink’s lawyers argued the findings should be overturned and Mr Collins-Williamson's right to a payout quashed.
However three senior judges upheld Mr Collins-Williamson’s right to compensation after reiterating the guard should have seen the behaviour and stopped the train from moving.
Lord Justice Malcolm Pill said: “The evidence was, understandably, less than clear and contained inconsistencies, but, overall, the judge was entitled to infer that the behaviour went on for a significant period of time and for some distance, and began while the guard was still on the platform."
Mr Collins-Williamson’s solicitor Hannah Rutterford said: “We felt that train operator Silverlink’s procedures were at fault as the guard did not spot Mr Collins-Williamson when he fell onto the track during the time the train was in the station.
“Worse still, onlookers were unable to attract the guard’s attention to prevent the train from pulling away, with devastating consequences.”
lyndzndan, fulham says...
5:05pm Thu 6 Aug 09
gertrude grendal, Barnes says...
5:52pm Thu 6 Aug 09
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Rupert Harris, Richmond says...
4:21pm Thu 6 Aug 09
When it is the result of a terrorist bombing or military service then, of course, compensation is appropriate.
When it is the result of your own drunken stupidity it is still tragic but I see no reason why anyone else should be held responsible and forced to foot the bill.
How about taking responsibility for your own actions and not blaming others?
Is the train company really responsible for the bahaviour of their passengers?
If so then they would have to conduct a test to establish competency to travel on every potential passenger. Surely the cost of this and the inconvenience to the 99% of travellers who behave normally would make this unacceptable.
I believe that only the family and friends of this injured party would disagree.