A TEENAGE motorcyclist who had his leg amputated following a collision with a milk tanker in Dumfries and Galloway has been awarded £341,000 damages.

 

The award to biker Adam Wagner from Lockerbie came after judge Lord Uist ruled at an earlier Court of Session hearing that the driver of the lorry and his employers were "negligent".

Mr Wagner's legal team confirmed Mr Wagner from Lockerbie has received damages from Leeds-based dairy products firm Arla Foods. It said it was considering an appeal against the judge's decision. 

Mr Wagner's legal team expressed disappointment that he was denied full compensation which would have paid for a state-of-the-art prosthetic because Lord Uist decided it was not "reasonably necessary".

Adam Wagner was 17 when he was seriously injured in a collision with the milk tanker as it reversed across a road near Gretna Green late at night into a farm to collect milk in a manoeuvre Lord Uist described as "intrinsically dangerous".

The judge held that the defenders, the driver Thomas Grant and employers Arla Foods UK plc were negligent in carrying such a manoeuvre in darkness, but that Mr Wagner, now 23, was 40% to blame.

The court previously heard that Mr Wagner sustained serious injuries including a below-knee left leg amputation following the accident in August 2009.

Mr Wagner, a learner, was riding his Honda CB125 motorcycle, which had L plates attached, west on the B7076 Gretna to Johnstonebridge Road when he collided with the milk tanker, consisting of a cab and trailer, which was reversing into the road on the pursuer's left leading to Nouthill Farm.

Mr Grant, and experience HGV driver and Arla argued that there was nothing negligent in the manoeuvre, which had been carried out on numerous occasions. Lord Uist rejected the "exaggerated claim" by counsel for Mr Grant and Arla that a finding of negligence against them would "effectively bring road haulage transport to a stop".

Lawyers for Mr Wagner say that since the crash he found new work that suited his disability and went on to pass his motorcycle test.

He now gives motivational talks to fellow amputees in his local area and has now started college to fulfil his ambition to be a motorcycle mechanic. He works night shift to help fund his studies.

Personal injuries lawyer Brenda Mitchell of Motorcycle Law Scotland who acted for Mr Wagner said: "This incident occurred more than six years ago.

"Adam has been more than patient. He is a determined young man and a most deserving client. I am so pleased he was finally awarded compensation for his horrific injuries.

"Adam has come a long way since this terrible road traffic collision and the judgement is a victory for him and his determination to build a successful future for himself."

She said that she was "disappointed" the judge did not accept their prosthetic expert's evidence which would have given Mr Wagner the state-of-the-art prosthetic "that we think he deserves" and which would have given him the mobility he needs to pursue a career as a motorcycle mechanic.

The limbs system which would replace his NHS prosthesis at a cost of £149,564, accepted to be a 'Rolls Royce' arrangement was not considered to be "reasonably necessary" by Lord Uist.

The judge agreed that Mr Wagner can be supplied with two general purpose prostheses capable of supporting a moderate to high activity lifestyle at a total cost of £20,000 over five years.

The judge accepted this would allow Mr Wagner to pursue an active and energetic lifestyle and "prevent him adopting the life of a professional amputee".

Ms Mitchell added: "With respect to the judge, Adam's leg was Rolls Royce until it was surgically removed because it was so badly damaged in the collision. Any replacement solution is second best and cannot possibly be described as Rolls Royce."

An Arla Foods spokeswoman said: "Arla Foods is sorry that a young man was seriously injured as a result of a collision with one of our vehicles.  However, the Company is disappointed with the Judgement due to the substantial evidence that was presented during proceedings and is considering grounds for an appeal."