Brain injury man 75% responsible

A man suing Plymouth City Council for brain injuries on a student night out was partially responsible because he had been drinking, a judge has ruled.

Jonathan Harvey, now 27, plunged 20ft (6m) over a fence on to the car park of a Tesco store in 2003.

High Court Judge John Leighton Williams QC ruled that he was 75% responsible for what happened.

But he also ruled that the council had not maintained a fence guarding the drop.

I am sure he now bitterly regrets the later events of that night and realises how foolishly he behaved Judge John Leighton Williams

He said: "Had Mr Harvey been sober, I am satisfied he would not have run regardless into a dark area but would have made his way carefully."

The court heard that Mr Harvey, who was studying physiotherapy at the time at Southampton University, had drunk up to eight pints of beer after watching a friend play rugby for Plymouth Albion's youth team.

On their way home, they planned to visit the Tesco store to get something to eat, and were dropped off on the corner of Woolwell Road and Woolwell Crescent at about 0200 BST on 18 April 2003.

Before the fare for the taxi was paid, Mr Harvey and one of his friends ran off in order to make another member of their group pay his share of what was owed, the court was told.

They headed towards bushes on the land, and it was at that point that Mr Harvey fell over the fence on to the car park.

He spent eight months in Plymouth's Derriford Hospital, but Mr Harvey still has difficulty walking and talking because of bleeding on the brain.

The judge added that Mr Harvey must "bear a substantial proportion of blame for the injuries he unfortunately sustained".

"I am sure he now bitterly regrets the later events of that night and realises how foolishly he behaved," said the judge. "Sadly, he has much cause for that regret."

The sum he is due will be assessed at another court hearing if settlement terms are not agreed before then.