The family of an antiques dealer who was run over and killed by a police van speeding to a 999 call will get £150,000 in compensation, a judge has ruled.
Rapid response driver Sergeant Thomas Upton hit antique furniture and fishing equipment dealer John Edward Mills on Queen Caroline Street, in Hammersmith, west London , on July 12, 2017.
Pedestrian Mr Mills suffered severe brain and chest injuries in the accident in the 20mph zone, which led to his death eight months later on 14th March 2018, at the age of 71.
The officer was subsequently sued personally, along with the Commissioner of the Metropolitan Police , Sir Mark Rowley , for six-figure damages by Mr Mills’ estate and on behalf of his three grown-up children John, James and Jane Mills.
Now Mr Justice Turner at London’s High Court has ruled that the police must pay compensation for the pedestrian’s death, because Sgt Upton ‘failed to keep a proper lookout’ as he approached the site of the collision.
Sergeant Thomas Upton (pictured outside the High Court in London) hit pensioner John Edward Mills with the police van he was driving in Hammersmith, west London, on July 12, 2017
James and Jane Mills (pictured together outside the High Court in London), the children of John Mills, sued Sgt Upton personally along with Met Commissioner Sir Mark Rowley
However, the payout will be reduced because the judge found Mr Mills was ‘careless’ in the manner in which he crossed the road, meaning the family are likely to receive around £150,000 – less than a third of the £460,000 they originally claimed.
Meanwhile, the judge also ordered the Met to pay out £350,000 for the costs of the case, leaving the force with a bill in excess of £400,000.
The court heard that Sgt Upton was travelling at 23mph through a green traffic light on a three-lane one way system when he ran down the walking-stick using pensioner, who had stepped out despite the crossing showing a red man.
The officer was driving a van from Wandsworth to Hammersmith ‘in response to an emergency of someone reportedly collapsed behind a closed door’ when the accident happened.
Mr Mills’ children asked for a total of around £460,000 compensation for their father’s death, claiming that the officer was ‘negligent’ in not having spotted him crossing the road in time to stop.
Lawyers for the police officer and the commissioner denied liability, claiming his driving ‘was appropriate and did not fall below the requisite standard’.
They also disputed the amount of damages claimed and insisted that Mr Mills himself was at least partly to blame for the accident.
Giving judgment, Mr Justice Turner found that Sgt Upton was liable for the pedestrian’s death.
He said: ‘John Mills was a pedestrian crossing the road ahead of him. When Sgt Upton registered his presence, it was too late and he struck him causing injuries from which he later died.
‘It is conceded that Mr Mills was careless. He started crossing nine seconds after the red man was showing. The siren of the approaching police vehicle would have been audible to him.
‘He was not as agile as he was in his youth and needed a stick to get around. He knew his ability to take evasive action would be limited.
‘(But) Sgt Upton failed to keep a proper lookout in the approach to the junction.
Mr Mills’ children (pictured is his daughter Hane outside the High Court in London) asked for a total of around £460,000 compensation for their father’s death
Metropolitan Police Commissioner Sir Mark Rowley (pictured here in March 2018) was among those named in the case, with the force and PC Thomas Upton denying liability
‘This was a busy area for pedestrians and Sgt Upton acknowledged that he had experienced pedestrians jaywalking, not only in general, but at this junction in particular.
‘What happened on this occasion was an uncharacteristic lapse of attention,’ he added, finding Sgt Upton liable for Mr Mills death.
However, he went on to say that Mr Mills was also partly to blame for crossing the road the way he did.
‘The culpable lapse of Sgt Upton was of a lower order than the failure of Mr Mills,’ he said.
‘However it’s rare for a pedestrian to be found more culpable than a driver for an accident.
‘This court has consistently imposed upon motorists a high burden given that the car is a potentially dangerous weapon. I assess contributory negligence at 50%.’
On behalf of Mr Mills’ children and grandchildren, his estate claimed £70,000 general damages for his death, with that figure being agreed by defence lawyers.
Mr Mills had transferred a £2m house in Hurlingham Road, Fulham, to his son John in 2015, and his early death left the estate liable for £192,130 IHT on the house and £55,182 on the rest of his fortune, which the family said would otherwise have not been payable.
Jane and James also claimed a further £130,000, which they argued he would have gifted them toward buying property and private school fees.
The judge rejected that last claim, saying: ‘I’ve come to the conclusion that the possibility of Mr Mills making any sizeable or regular contribution to the school fees of his grandchildren or a house deposit for James are negligible.’
However he ruled Mr Mills would have given £5,000 each to his grandchildren as they got older.
The compensation payout, after the discount for contributory negligence, is likely to total around £150,000, but the final figure has not yet been confirmed.
The judge also ordered the police to make a £350,000 payment on account of the legal costs of Mr Mills’ family and estate.
