Bendy bus victim set for £1/2m payout

Rose-Marie Newey, now 65, was crossing the Old Kent Road with her disabled nephew when the bus hit her in January 2004.

Her lawyers claim the bus driver made no attempt to slow down and, had he braked even slightly, catastrophe would have been averted.

Mrs Newey, of Walworth, suffered devastating head injuries in the accident and will need care for the rest of her life. She lives with her nephew and sisterwho has devoted herself to her care.

Mrs Newey sued the bus's operator - South East London and Kent Bus Company Ltd - which today agreed she should be compensated on the basis of 75 per cent liability.

Although the exact amount of the compensation has yet to be finally assessed, her lawyers say her injuries were so grave, and her needs so great, that the claim is worth "in excess of half a million pounds".

Mrs Newey will receive a £15,000 interim payment straight away.

Her counsel, Christian Du Cann, told the High Court that it was accepted Mrs Newey had set off across the road when a red traffic light was against her.

Although the bus driver had been going within the speed limit, Mr Du Cann said it was "abundantly plain" that he should have seen Mrs Newey and other pedestrians waiting to cross as he approached the junction.

But, Mr Du Cann said, it was his case that the driver made no attempt to slow down and pointed to "clear and distinct evidence" from a witness that, if there was any braking or sounding of the horn, it was "almost simultaneously" with the collision.

The bus just clipped Mrs Newey and Mr Du Cann said it was his case that even "subtle braking" by the driver would have avoided the collision.

Mr Justice Coulson said he was "entirely happy" to approve the "sensible and realistic" settlement on the issue of liability.

Unless final settlement terms are agreed in the meantime, the amount of Mrs Newey's compensation will have to be assessed at another court hearing.