A YORK man who is suing Gary Hart after he was badly injured in the Selby rail crash could soon be celebrating victory.

Gian Spadone today said he was "delighted" after insurers acting for Hart admitted liability for the injuries he received at Great Heck.

The admission will not automatically open the door for a further dozen claimants also suing Hart for recompense.

But solicitor Kevin Hughes said he was optimistic that all the cases would be settled.

Mr Spadone broke his spine and ribs in the crash, which claimed ten lives.

The father-of-three, who lives at Heslington, was the first to launch a civil case against Fortis Insurance - which represents Hart - at Leeds Crown Court.

Mr Hughes, of York solicitors Pattinson & Brewer, which is acting for Mr Spadone, said that the admission of liability was a breakthrough.

But he stressed that it applied to Mr Spadone's case only. "Liability has been admitted and that is great for Mr Spadone," said Mr Hughes.

"The solicitors acting for the defendant say this liability is admitted for the purposes of this case only.

"The only issue now is the amount of damages to be paid to Mr Spadone.

"We have overcome the hurdle. We are still preparing our cases in those where injuries were severe."

Mr Hughes said that two other cases had now been settled without the need for court proceedings.

Hart was jailed for five years, in January this year, after a jury decided he had fallen asleep at the wheel of his Land Rover on February 28, 2001.

The Land Rover and trailer slid off the M62, down an embankment and on to the East Coast Main Line, near Great Heck.

There, it was hit by a GNER express travelling to London, which derailed and struck a freight train travelling in the opposite direction.

Mr Spadone said: "From a personal point of view this news is excellent. This must go some way to reassure the other people who are claiming.

"Once the legal case is settled I can move forward and start putting it all behind me.

"I can't say I will forget the crash. It will be with me for the rest of my life. But I will be able to concentrate 100 per cent on myself and my family."

A Fortis Insurance spokesman said: "We are endeavouring to pay claims as quickly as possible.

"Given the extent of some of the injuries, it will be some time before the claims can be fully settled, but Fortis Insurance is working to respond to the claims in a co-operative way."

Updated: 10:19 Saturday, March 30, 2002