A motorcyclist who was injured when his bike was hit by an American state prosecutor’s car during a TT visit has been awarded a seven-figure sum in compensation.
Andrew Ellis, aged 72, from Scarborough, Yorkshire, received a better payout after his UK solicitors, Thompsons, won a fight to get the compensation claim heard in America, where the awards are higher than under Manx law.
Mr Ellis was thrown from his bike after 44-year-old Nathaniel Mendell’s car hit him in Ballaugh. Surgeons at Aintree hospital had to amputate part of his leg below the knee and pin his femur after the accident, which happened before one of the 2015 TT races.
Mr Mendell, a chief state prosecutor in Boston, who was visiting the TT from his home in Massachusetts, was fined £5,000 after he admitted causing serious injury by careless and inconsiderate driving when he appeared before Deputy High Bailiff Jayne Hughes in 2015. The court also ordered him to pay £5,000 compensation.
Mr Mendell was said in court to be deeply distressed by the accident. His advocate told the court the manoeuvre was a ’cautious’ one and his car had been almost stationary when the collision happened.
He also received a 12-month driving ban (only valid in the Isle of Man and the UK) and was ordered to pay costs of £125.
Mr Ellis was thrown several yards down the road in the accident and his motorcycle landed on top of him.
He said: ’I used to love swimming, long walks, driving and gardening. Now I’m unable to do any of this.
’My wife has even had to take early retirement to care for me, but she suffers from arthritis, so it has been tough for both of us.’ Initially, Mr Mendell’s insurer said Mr Ellis’s civil claim for compensation could only be tried under Manx law, even though Mr Mendell was a US citizen.
But Mr Ellis’s solicitors thought the insurers were deliberately trying to limit his potential compensation. So they sought an opinion from an American law firm which confirmed the case could be pursued in Mr Mendell’s home state of Massachusetts.
Mr Ellis added: ’The service I received was exceptional. They went beyond what was expected so that I could receive fair compensation for my injuries.
’I’ve been able to use the settlement to pay for a mobility scooter and adaptations to my house, meaning I am not completely reliant on my family as I look to move on with my life.’
Martyn Gwyther, Thompsons’ expert in foreign jurisdiction legal claims, said: ’Other law firms may well have bowed to pressure from the insurer and settled for making the claim on the Isle of Man.
’We knew there was a potential argument for Andrew to get his case heard under US law and that if he did we could win a more substantial compensation package for him.
’We are pleased that we were proved right.’
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