ERICA WALSH
v
TAURIAN ALLESSIO
Gage J - 16.2.96
| Pain, suffering and loss of amenity |
£75,000 |
| TOTAL |
££1,380,326 |
Female age 23 at accident - severe head injury with brain damage - memory deficit
- slurred speech - personality change - left sided paralysis - requires 24hr
care - aware of her problems agreed that plaintiff should receive 75% of damages
awarded - no loss of life expectancy - multiplier of 18.5
| Pain suffering and loss of amenity
| £75,000 |
| Past loss of earnings
| £? |
| Past care
| £93,707 |
| Accommodation
| £63,521 |
| Aids and equipment
| £5,250 |
| Travel
| £2,600 |
| Holidays
| £5,268 |
| Future care
| £825,007 |
| Future running costs
| £20,498 |
| Future aids and equipment
| £29,600 |
| Future transport
| £6,234 |
| Future medical care
| £7,400 |
| Future holidays
| £33,300 |
| 75%
| 1,035,245. |
This action arose out of an accident on the 12th November 1989. The plaintiff
was a pillion passenger on a motorbike. At the time of the accident the plaintiff
was 23, her date of birth being 28th April 1966. Liability was not an issue,
it having been agreed that she would receive 75% of damages awarded.
INJURIES SUFFERED
- severe head injury with resultant brain damage
- tracheostomy performed, leaving an unsightly scar
- displaced fracture of the left elbow which was fixed with wires, leaving
a scar
- left sided paralysis with restricted movement in her left arm. The plaintiff
remained unconscious for 4 weeks. In January 1990 she began weekend visits
home. She was transferred to the Young Disabled Unit at Ladywell Hospital
on 12th April 1990 and discharged on 8th September 1990. Since then she has
lived at her mother's home.
PRESENT COMPLAINTS
The plaintiff's memory deficit means that she is no longer able to organise her
own life. Her mobility is restricted by a substantial weakness in her left hand
and limbs. Her speech has become slurred and her voice sometimes distorted, meaning
she cannot always be easily understood. Although she remains pleasant and cheerful,
personality changes make her at times difficult to deal with. She is unable to
deal with any crisis. She has suffered some loss of smell and a grossly reduced
stereoscopic perception in her eyes.
The plaintiff is fully aware of her problems. Although her condition is stable,
there will be no further improvement. She is unable to live independently, requiring
24 hour care.
CARE AND ATTENDANCE
Initial care was provided by the plaintiff's mother, Beryl Walsh. Future care
will not be carried out by the mother. The Defendant conceded that at least 2
carers are needed, but for a long period the mother has done this work alone.
For past care, the Crossroads scale was thought appropriate. However, 20% was
deducted from the commercial rates.
ACCOMMODATION
While the court accepted that some of the building work carried out was unnecessary,
it did not consider that such work prolonged the overall work period (over which
the plaintiff rented accommodation). The majority of improvements to the accommodation
were allowed, including an extension and conservatory. The claim for the conservatory
was allowed based on the premise that the plaintiff will need a wheelchair in
the future. The conservatory will provide a better quality of life. The door entry
system was disallowed. The amount claimed for refurbishment was reduced due to
the house being refurbished to a very high standard.
TRAVEL
The court allowed the plaintiff's claims for taxis, hire charges and increased
mileage.
HOLIDAYS
It was considered reasonable that the plaintiff's mother should accompany her
on holiday. It was thought unnecessary that she go to the USA.
FUTURE CARE
The plaintiff's expert's evidence was preferred regarding day care. £6 per hour
was adopted as the basic cost. The court thought it impractical to have 2 residential
carers, but reasonable that one could do the night care for half the week. 73
hours was adopted in respect of the number of hours needed per week. Half of the
night sleeper care would be in exchange for free accommodation. For the remaining
3 1/2 nights the court thought £22 per night to be excessive and allowed £18.50
per night.
£3,460 pa. was allowed for a case manager. This figure represented 44 hours
in any one year and reflected the fact that it was thought a manager could be
found nearer to home.
MULTIPLIER
A life multiplier of 25.4, based on the Ogden Tables, was argued for: the judge
refused to adopt that approach, and used instead the multiplier of 18.5 as suggested
by the Defendant.
NOTE
The judge said: "Maggie Sargent (the Plaintiff's care expert) has allowed a rate
equivalent to that paid by Social Services whilst for the Defendant Tessa Gough
has allowed the Whitley Grade A scale..... I prefer Mrs Sargent's evidence to
that of Miss Gough.
(With grateful thanks to Maggie Sargent for supplying the solicitor's note
of judgment.)
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