CASE REPORT
On 9th May 1992, Mr Bill Davies, who was born on 23rd November 1963 and so was 28, was injured severely in a road traffic accident. His claim for damages was tried by Mr Justice McKinnon in March 1999, and judgment was given on 28th April.
The Plaintiff sustained a serious brain injury, a compound displacement of the left knee, the rupture of a ligament in the right knee, a fracture of the collar bone, and numerous grazes. He underwent 5 operations to the left knee, the last being total replacement. Before the accident the Plaintiff was a sports fanatic: he used to run every evening and play squash once or twice a week - most importantly, he played county standard rugby, and had been invited to join the squad of one of the well known rugby league clubs. As the Judge said: "That was big time rugby". Naturally, the leg injury deprived the Plaintiff of all that, and by doing so destroyed a significant part of his life. In addition, the combination of physical and brain injuries effectively destroyed the Plaintiff's ability to work as an agricultural engineer. He had run his own business for a few years before the accident, having previously been trained and employed in the locality. He returned to his business in early 1994, but found it extremely difficult to play anything but a very minor part. In addition to the intellectual effect of the brain injury, he had suffered a personality change, the effect being to change him from a placid and happy-go-lucky person into someone who is now irritable, bad tempered and aggressive, with a tendency to lose his temper with very little provocation. He felt intensely frustrated and unhappy over his inability to carry out simple activities, and was constantly sad and tearful. He has severe headaches at least twice a week, is forgetful, and suffers constant pain in the left leg.
Very late in the day, the defence solicitors disclosed six videos taken of the Plaintiff between 1994 and 1999. They submitted that those videos, coupled with other evidence in the case, demonstrated that the Plaintiff was consciously exaggerating the extent of his disability, did not need any care or equipment, was working, and had a residual earning capacity similar to before the accident. In addition, they asserted that the failure of his business (because of his brain injury the business lost money and eventually went bust) was not as a result of his injuries. The defence case, maintained throughout trial, was that the Plaintiff was being dishonest. The Judge found that, with the exception of Mr Pringle, an orthopaedic surgeon, no one suggested that the Plaintiff was indeed dishonest, and the Judge rejected Mr Pringle's views. He accepted the evidence of Doctor Ghadiali (neuro-psychologist) and Professor MacCulloch (forensic psychiatrist) as "wholly compelling and convincing evidence". The Judge said: "Having seen the Plaintiff, his wife, his parents, his friends and former colleagues, I go so far as to say that I have no doubt that the Plaintiff is a genuine and honest person who is not a malingerer and who has not exaggerated his complaints. ... Mr Braithwaite submitted that, after the serious attack upon his client's character, his client was entitled to have his character returned to him and for me to include in this judgment a clear finding to that effect. I fully accept that submission. ... I find that the Plaintiff is an honest, decent and respectable person who has remained so throughout the great trial that he has had to endure ever since his most unfortunate accident. For him, that is a trial which will continue for the rest of his life".
The Judge awarded the following figures:
| Pain, suffering and loss of amenity: | £50,000 |
Interest: |
£10,375 |
| Past Losses: | |
| Earnings: | £72,000 |
Losses sustained in the business before it collapsed: |
£35,000 |
Care (29% Housecroft v Burnett deduction): |
£20,049 |
Transport (25p per mile): |
£10,192 |
Private medical expenses: |
£18,781 |
| Total past loss: | £157,646 |
Interest: |
£44,352 |
| Future Losses: | |
Multipliers of 17 for work and 24 for life |
|
Earnings: |
£220,000 |
Care: |
£47,479 |
Transport for physiotherapy |
£6,720 |
Equipment: |
£35,050 |
Electricity/heating: |
|
DIY/Gardening: |
£20,000 |
Replacement knees: |
£10,539 |
| Total future losses: | £343,548 |
| Total Award: | £607,522 |
Notes for Practitioners:-
The payment into Court was £250,000.00.
No offer was made at the start of the trial.
After 4 days, an offer of £450,000 was made.
The allegation of dishonesty was never withdrawn, despite the fact that it had no respectable evidential support.
The Plaintiff recovered about £200,000 more than he probably would have accepted by way of settlement, but had to go through a most unpleasant trial to achieve that result.
BILL BRAITHWAITE Q.C. was instructed by George McLoughlin of Linskills.
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