A COURT could yet decide the damages due to be paid to a man who lost part of his leg after he was hit by a police car on a 999 call.

David Layton, along with his wife, Lillian, successfully sued Cleveland Police in May last year following the crash.

However, both sides have yet to agree the amount of compensation, and a provisional date of February 25 has been set for a judge to decide the amount to be paid.

Mr Layton, of Bruce Avenue, Middlesbrough, had his left leg amputated below the knee as a result of the accident in Acklam Road in 1999.

The driver of the police car, PC Trevor Myers, was criticised by Judge Peter Fox for "not being the most reliable witness". He said liability was found in terms of PC Myers' driving, with the officer having failed to sound his siren to give enough warning of his approach.

Last night, Mr Layton's solicitor, Geoff Cruickshank, said: "I am reasonably confident that we will be able to achieve a satisfactory settlement without it having to be decided by a court.

"To be fair to the police, we have been waiting for a specialist report to come through on the impact of Mr Layton's injuries, which was expected before Christmas.

"Until we and the solicitors acting for the police see that, it will be difficult to put an accurate valuation on the claim.

"We would not expect them to put an offer forward based on incomplete information."

Mr Layton has received a £5,000 interim payment from police. Mrs Layton, who suffered minor injuries, settled her claim with police shortly after the original court case for an undisclosed sum.

Mr Cruickshank said: "I had a recent meeting with David and he knows exactly what the score is. It is just a case of wait and see."

A police spokeswoman said the report would determine the possible loss of earnings Mr Layton had suffered.

She said: "We will decide how to proceed depending on the content of the report."

Mr Layton, who had been due to start a job as a taxi driver before the accident, now wears a prosthetic limb.

He has said he bore no malice against PC Myers, a dog handler with the force, and only wanted to carry on rebuilding his life.