Divorcing wife brings claim against driver who killed her husband
In a sad case a claim was brought by a divorcing wife against a man who killed her estranged husband when he hit him driving 86mph in a 40mph zone.
The couple had separated in January 2014 after the husband had a affair. The accident happened in June 2014. The wife brought a claim valued at £676,986 against the driver, claiming that had it not been for the accident the couple would have reconciled. In these unusual circumstances the High Court judge was forced to examine whether or not this was likely to have been the case and found that it was unlikely. However, the defendant was ordered to pay what the wife might have received in maintenance payments. Total damages, including sums payable to the children, amounted to £101,514. This will be paid by his insurer.
Nicola Furmston is a solicitor and head of the Family Team at Barker Gotelee.