Litigation Personal Injury 1/11/99

Cases from LAWTEL'S PI Quantum Database. Contact Deborah Talbot on 0171 970 4823.

Robert Langford v (1) Gary Hebran (2) Nynex Cable Communications Ltd (1999) QBD (Kleven J) 15 October 1999

Claimant: Male, 27 years old at date of accident; 32 years old at date of trial.

Incident: The claimant was injured in 1994 when his car collided with a van being driven by the first defendant (an employee of the second defendant). Liability admitted.

Injuries: The claimant sustained injuries to his neck, left shoulder and arm, chest, forehead and left knee. The claimant had won a number of national and international amateur kickboxing championships and had begun to pursue a career as a professional competitor. The injuries he suffered in the accident had left him fit for day-to-day activities but he was unable to continue his sporting career due to the shoulder injury. He sought damages for the "loss of chance" of continuing in professional kickboxing and attaining the title of world kickboxing champion.

Award: £423,133 total damages.

Claimant's counsel: David Foskett QC and Michael Fullerton

Claimant's solicitor: George Coles & Co

Morris v Solihull Healthcare NHS Trust (1999) QBD (Buckley J) 14 October 1999

Claimant: Female, 46 years old at date of accident; 51 years old at date of trial.

Incident: In May 1994 the claimant suffered physical injuries when she fell from a horse in a riding accident. She was recovering in hospital when her behaviour began to change. No brain damage was detectable but it was concluded that the claimant had probably sustained a brain injury, possibly from an embolism or the anaesthetic. She was prescribed medication and her condition improved. But by August 1994, the claimant was suffering from depression and had spoken of suicide. On medical advice, she was admitted to the defendant hospital. In September 1994, hospital staff discovered the claimant trying to strangle herself. The claimant brought an action contending she should have been kept under continuous observation and "rather clear" signs that she was suicidal were ignored. Liability disputed.

Injuries: When the claimant was discovered by medical staff she was clinically dead. She was resuscitated but sustained severe brain damage. She was initially transferred into her mother's care. It became apparent that rehabilitation would not be possible and the claimant was admitted to a nursing home in April 1997 where she has lived ever since. She was left largely incoherent, she constantly needed to be urged to attend to her everyday needs and did not interact socially.

Award: £800,000 total damages (out of court settlement).

Claimant's counsel: Edward Faulks QC

Claimant's solicitor: Parlett Kent