Exchange Chambers

Damages totalling almost £1m were awarded by the High Court in Newcastle last week to 2 men who suffered severe injuries in a catastrophic aircraft accident.

Jim Martin and Jon Ker, both keen pilots, were taking a short flight to Eshott airfield, near Morpeth, Northumberland, on 30^th December 2007, when the tailplane suddenly detached from the aircraft, causing it to nose-dive.

Owing to what the judge described as the “extreme skill” of Mr Martin, a highly-experienced commercial pilot for the Great North Air Ambulance, the aircraft was directed towards a copse at the edge of Burgham Park Golf Course, where it crashed into the trees, causing severe injuries to both occupants.

A subsequent investigation revealed that the aluminium lugs attaching the tailplane to the fin had failed, due to stress corrosion and tensile overload. Contrary to Civil Aviation Authority requirements, the lugs, which were of a new design fitted when a replacement tailplane was supplied shortly before Mr Martin and Mr Ker bought the aircraft, had never received type approval in the UK.

Although French manufacturer Dyn’ Aero denied liability for the accident, on the basis that they had not assembled the aircraft, Exchange Chambers barrister David Knifton advised that they were liable as producers of a defective product, in accordance with the EC Product Liability Directive and the Consumer Protection Act 1987.

At the trial in Newcastle on 13^th January 2012, Judge Simon Wood accepted that the accident had caused a profound change in the lives of both Claimants.

Mr Martin (almost 54), suffered severe head and facial injuries, together with serious fractures to his pelvis, shoulder, elbow, hand and both legs, requiring extensive hospital treatment and numerous operations. He was no longer fit to fly, and had been left with permanent scarring, pain, restricted mobility, loss of smell and mild memory impairments. He had nevertheless, according to the judge, shown a “degree of stoicism which was truly humbling”, and had been able to find work training police helicopter pilots in Abu Dhabi. His employment was, however, less congenial than his previous job and involved long periods of separation from his wife. There was a significant risk of his being unable to work to normal retirement age, and he would no longer be able to pursue his previous activities of mountaineering and hill-walking, or to perform the many DIY tasks he had previously undertaken around his home.

Mr Ker (42), a senior paramedic with the Great North Air Ambulance, suffered a brain injury, together with serious fractures to both legs, again leading to extensive hospital treatment. Although he had made a very good physical recovery, apart from aching and weakness in his leg and loss of his senses of smell and taste, his brain injury had left him with difficulties in remembering new information, such that he was no longer capable of fulfilling his ambition to become a commercial pilot, and he had struggled to hold down a number of jobs since the accident. He had, however, been able to secure employment as a remote site medic on offshore ships, again involving long periods of separation from his partner.

Paying tribute to the courage and fortitude shown by both men, HHJ Simon Wood awarded damages totalling over £650,000 to Mr Martin and over £260,000 to Mr Ker. Steps are now being taken to enforce the award against Dyn Aero’s assets in France.

Commenting on the awards, David Knifton, who has acted in a number of substantial claims involving aircraft accidents, said: “I share the judge’s admiration for these 2 remarkable men, who have shown tremendous courage and determination in facing up to the consequences of such serious injuries with dignity and good humour. I sincerely hope that they receive the compensation they so richly deserve.”

Mr Ker said: “It’s a real relief that the judge found Dyn’ Areo liable. This hasn’t been about the money but about proving that the accident wasn’t our fault. We did everything correctly that day yet because the lugs were faulty we ended up suffering serious injury. We could have died. It was only Jim’s skill which saved us.”

Mr Martin added: “The last five years have been a mental and physical battle but we were both determined that we wouldn’t let this accident stop us from living our lives. We loved our jobs working with the Great North Air Ambulance but because Dyn’ Areo allowed a faulty product to leave their factory we’ve paid the price.”

Paul Brown from Thompsons Solicitors said: “Mr Martin and Mr Ker have shown bravery and strength in the way they have dealt with their very serious injuries. Both have tackled their extensive rehabilitation with courage and have gone onto find alternative employment, despite the hurdles their ongoing injuries create. They are an inspiration and we are delighted we have been able to achieve this judgment.”