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 Friday, 17 January, 2003, 14:33 GMT
Supertram case could open floodgates
Supertrams
Mr Roe is seeking �1m in damages for his injuries
Lawyers for an engineer who suffered brain damage when his car apparently skidded on tram rails have claimed a major court victory in his battle for �1m damages.

The Court of Appeal decision that highway authorities must keep stretches of road containing tram tracks safe for traffic could trigger a flood of further claims.

William Roe, 42, was severely injured when his car went out of control after sliding on a stretch of Sheffield's Supertram tracks which were proud of the road surface.

He was one of 77 casualties, including two deaths, which have been blamed on contact between vehicle or cycle wheels and tram tracks between August 1994, when the Supertram was launched, and January, 1997.

Boosted chances

In October 2001, Mr Justice Holland, sitting at Barnsley County Court, ruled that South Yorkshire Light Rail was liable for the accident which left Mr Roe needing 24-hour care.

But the judge also ruled that Sheffield City Council could not be sued for damages.

The appeal court ruling gives Mr Roe the go-ahead to pursue claims against both the operating company and city council, according to his lawyers.

The case will now go back to Mr Justice Holland for decisions on whether the council is liable under the Highways Act and whether the operating company was negligent.

Landmark case

A spokesman for Mr Roe's legal team said the appeal decision had boosted their case and he was confident of success.

"This is a landmark case historically as there has not been a tram case decision for over half a century," he said.

"In that respect, we take the view that this is a progressive decision which puts the onus on tram operators to take extra special care when constructing tramways.

"It also establishes the responsibility of highway authorities to ensure that stretches of road containing tram tracks are kept safe for traffic."

Lord Justice Pill and Lady Justice Hale both held that the council could be held liable, but Lord Justice Sedley said the decision of the original judge was correct.


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