A former TT official who was involved in a head-on collision with a racer which he says left him with PTSD has been told he can continue to seek damages.
Shaun Counsell is seeking damages from the Auto Cycle Union Limited & ACU Events Limited for the psychological damage he suffered in the crash with rider Steve Mercer.
On May 30 2018 a red flag incident, which resulted in the death of Manx racer Dan Kneen, occurred during a qualifying session that evening at Churchtown.
Mr Counsell was tasked to attend the incident in an official car to convey two police officers to the scene.
the claimant has more than a thin prospect of success
Deemster John Needham
Deemster John Needham’s ruling said this was done “having received radio communication from Race Control that the racers had immobilised”.
However, on the approach to Ballacry, they encountered a group of competitors who had been allowed by marshals to return to the TT Paddock by travelling in the opposite direction to the normal racing direction.
While they missed several riders, the car collided with Mr Mercer, who has settled with the ACU outside of court for the injuries he suffered in the crash.
Deemster Needham said that despite Mr Counsell suffering some minor injuries himself, he “was able to administer life-saving first aid to Mr Mercer prior to more highly trained medical staff attending”.
He said that since the event he has suffered PTSD and other psychological injuries.
Out of time?
In seeking to have Mr Counsell’s claim thrown out, a representative for the ACU and ACU Events Ltd, said that he was outside the time limit for launching a damages bid.
Unless an exemption is applied, the law states this is three years since the incident which occurred that caused the injury or three years from when it became known that there had been an injury.
As Mr Counsell stated physical and psychological injuries, it was argued that he therefore knew he was injured on the day of the incident, meaning he is outside of the timeframe to be allowed to continue.
However, Deemster Needham said he was not minded to agree with the ACU’s advocate, saying he could “well understand why a potential claimant may have chosen not to sue in the circumstances that then existed”.
Doctor
As part of his case,Mr Counsell produced a doctor’s report which said he had experienced “intrusive flashback” which included seeing the eyes of Mr Mercer at the time of the collision and had “thoughts of suicide at times”.
Dr Sohom Das said it was “unusual, though not unheard of, for symptoms to occur after such a prolonged period”.
Ruling
Deemster Needham threw out the ACU’s attempt to have the case dismissed and for a summary judgement in respect of its limitation defence.
He added: “As to proportionality, there will be issues of the claimant’s own part in the collision in terms of the speed and manner of his driving and who knew what in a fast developing situation but the very fact that riders were allowed to travel at speed in the opposite direction to the direction of a course car tasked to attend the scene of the red flag incident indicates that the claimant has more than a thin prospect of success.”
Deemster Needham also encouraged Mr Counsell to seek to engage an advocate in the view of applying for legal aid for the case.
You can read the full judgement here.
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