A SPEEDING motorist from Cheltenham has won an appeal in his fight to prove he was not jointly responsible for injuries to his passenger in a crash with a police van.
Sonny Patrick Curran, of Hester's Way, was driving a white Rover Metro at 55mph through a 30mph zone in Cheltenham Road East, Gloucester, when the crash happened as a police officer turned across his path in September 2008.
His front seat passenger, Ryan Wheeler, suffered devastating injuries in the smash and is now seeking damages of at least £1 million.
Mr Wheeler sued Gloucestershire Constabulary but, at the County Court in January, Judge Michael Harrington found Mr Curran bore 50 per cent of responsibility for the crash due to his speeding.
Mr Curran does not dispute the ruling he was speeding, but is challenging the finding he was equally responsible for the collision, with his lawyers saying his speed was "largely irrelevant".
He has now been granted permission for a full appeal before three of the country's most senior judges.
Mr Curran's lawyers told London's Appeal Court the crash happened shortly before 9pm on September 30, 2008 in good driving conditions.
In written submissions to the court his barrister, Andrew Davis, said the police officer made a right turn across the road, intending to enter Cheltenham Road East police station, when Mr Curran's car – travelling in the opposite direction – hit his van.
Mr Davis said the officer driving the van did not see the oncoming car before turning across its path, but his front seat passenger had given evidence saying he knew a crash was inevitable as soon as his colleague began to turn.
The barrister argued that, while Mr Curran was speeding, that was not a cause of the accident which he claimed was entirely the result of the officer's inattention.
He said: "He (the officer) was under a duty to wait, to stop, to both look for oncoming traffic and assess its speed and the gaps in traffic. He was not to cross the hazard line unless he could see the road was clear. He was grossly negligent in failing to see a lit vehicle approaching directly in front of him."
Mr Davis argued the judge had focused "almost entirely" on Mr Curran's speed, without considering its relevance.
Granting permission for an appeal hearing, Lord Justice Moses said there were matters warranting further investigation by the full Appeal Court.