A couple knocked down by a speeding police van while crossing a main road in Middlesbrough have won their civil court battle. David and Lillian Layton were struck by a police dog van as it rushed to deal with a violent disturbance at a pub. Mr Layton, of Bruce Avenue, Whinney Banks, Middlesbrough, suffered such serious injuries that he later had to have one of his legs amputated below the knee. Yesterday the couple launched a claim for damages arising out of the accident on Acklam Road nearly five years ago. They were alleging negligence by the police officer driving the van. Liability was denied by Cleveland Police. The civil case was heard by the Recorder of Middlesbrough, Judge Peter Fox QC. And Teesside's most senior judge ruled in favour of the Middlesbrough couple - although they were found to be partially to blame for what happened. Judge Fox said the police officer involved, PC Trevor Myers, should have moderated his speed. One witness described the police van as travelling at a speed "more appropriate to the A1". PC Myers told the court he was responding to an emergency call at the time of the accident. But Judge Fox said the incident, described as a "large fight" at the Yorkshire Dragoon pub at Maltby, near Thornaby, was "not a life and death situation". However, Mr and Mrs Layton were "50pc responsible" for what happened, said the judge. He said the couple had been engaged in conversation and "paid no heed" to the developing traffic situation. Although they have won their case, it is likely to be months before the Laytons find out the level of damages they will be paid. Afterwards, the couple declined to comment. But speaking on their behalf, Geoff Cruickshank, of Middlesbrough-based solicitors Punch Robson said: "They feel it is a fair outcome." Eric Elliott, representing the couple, told the court that there was a counter claim "in respect of damage to the police vehicle". The accident happened at the junction of Acklam Road and Oxford Road in the early hours of Saturday November 13 1999. Mr and Mrs Layton were crossing Acklam Road - not using a nearby pedestrian crossing - when they were hit by the police van. Mrs Layton said: "There was plenty of time to get across that road. If it was a bad time, I would not have stepped out." Giving evidence, PC Myers said: "I don't think it was my fault." He claimed that the couple had walked straight out in front of his vehicle. "I just had nowhere to go," he said. Simon Wood, representing Cleveland Police, submitted PC Myers was travelling at a reasonable speed in the circumstances and all appropriate steps had been taken to warn other road users. Mr and Mrs Layton, said Mr Wood, had shown a "staggering disregard" for their own safety. | 
