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Thursday, February 19, 2009

Driving Examiner Awarded Whiplash Damages


A Scottish driving examiner has won his case for damages against a learner driver.

Andrew Carmichael, 35, suffered whiplash after L-driver Lisa Connolly slammed on the brakes during her test two years ago.

Judge Lady Clark ruled that NIG, the company who insured the instructor's car being used by Miss Connolly, were liable for Mr Carmichael's injuries.

Delivering her opinion at Edinburgh's Court of Session, Lady Clark said: "I consider Miss Connolly's standard of driving fell below the required standard of care for a driver.

"In my opinion, her driving was plainly careless. She seemed unable to drive with due care and attention.

"I think Miss Connolly and her driving, as described by the pursuer (Mr Carmichael), would be memorable."

Mr Carmichael, clearly unimpressed with Miss Connolly's driving skills, told the court she had clocked up 14 faults before unexpectedly braking in rush hour traffic. He recounted how she ran over the pavement and how a three-point turn became a "nine-point turn".

Miss Connolly, who had about 30 lessons before sitting the test, denied mounting the pavement and claimed Mr Carmichael had been hurt during an emergency stop, but admitted she had been "very, very nervous" during her test.

The extent of Mr Carmichael's damages will be decided at a future hearing.

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