Scottish Daily Mail

Motorist’s £½m claim ends with £7k award

- By Dave Finlay

A DrIVEr whose car was hit by another vehicle at just four miles per hour has lost his bid for a six-figure damages award.

Grant Grubb was at a petrol pump in a stationary Subaru Impreza when a Peugeot 409 crashed into it.

He initially sought £500,000 but after a hearing the claim against the other driver, John Finlay, was set at £182,880.

However, Mr Grubb was yesterday awarded just £7,321 following the incident at a Tesco service station in Dundee.

Lawyers for Mr Finlay sought to have him absolved from the action at the Court of Session.

but a judge was satisfied that Mr Grubb, 34, suffered a soft tissue injury and that the effects lasted for about a year, awarding the money for his pain and suffering.

Lord Kinclaven said that despite the views of those acting for Mr Finlay he did not believe Mr Grubb had fabricated his whole claim.

At the time of the incident on May 22, 2011, Mr Grubb, of Dundee, was in the driver’s seat leaning over to pull a petrol cap lever when he felt the force of the collision in his left arm, which was on the steering wheel.

He claimed a sharp, shooting pain went up his arm into his neck and it got worse as the day went on.

but Lord Kinclaven said: ‘Signs of symptoms experience­d after the accident are not necessaril­y caused as a result of the accident.’

The judge said he was not satisfied that the effects of the accident on Mr Grubb continued beyond a 12-month period.

In the action against Mr Finlay, of Carnoustie, Angus, it was maintained that Mr Grubb suffered a whiplash injury and developed chronic pain syndrome.

Lawyers for Mr Finlay claimed Mr Grubb was exaggerati­ng his symptoms for financial gain.

‘Shooting pain went up arm’

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