Plymouth Student Fall

A student who suffered brain injuries whilst on a student night out has lost his fight for compensation. Jonathan Harvey, aged 28 from Tamerton Foilot in Plymouth fell over a 20ft fence on to a car park which is on council owned land, the accident occurred in April 2003. He has stated that the council had failed to fulfil their duty of care by keeping the fence well maintained, last year the High Court ruled that the council should cover 25% of the legal liability. Although an appeal case held at the Civil Court of Appeal has over turned this ruling and has stated that the council was not responsible for the accident. Jonathon Harvey a student at Southampton University had been on a night out with three friends after having watched a friend participate in a rugby match for Plymouth Albions youth team. Whilst watching the match, Jonathan consumed large amounts of alcohol and was running away from a taxi driver when the accident happened at the Tesco store car park in Woolwell. The accident resulted in Jonathan receiving serious head injuries and also resulted in him spending eight months in Plymouths Derriford Hospital. He is still able to have his mobility although communication difficulties have resulted from bleeding to the brain. The council challenged the High Court ruling of them having to take 25% of the legal liability after they stated they were place under an impossible burden. The council believed that they held no responsibility at all after a simple accident had occurred which only occurred due to the individual taking a risk at his own free will.