Litigation Personal Injury 20/3/00

Keith Cox v Airtours Plc (2000) QBD (Buckley J) 25 February 2000

Claimant: Male, 25 years old at date of accident; 29 years old at date of settlement.

Incident: The claimant arrived in Fuerteventura on 14 February 1996 at the beginning of a week-long package holiday arranged with the defendant travel firm. Once at the hotel he drank alcohol, provided free. At midnight the claimant dived into the swimming pool and suffered a broken neck. The claimant alleged negligence in that: (i) the free alcohol had led to his accident; and (ii) there were no visible warning signs around the pool after dark. Liability disputed.

Injuries: The claimant sustained a broken neck.

Award: £135,000 total damages (out of court settlement)

Claimant's counsel: Andrew Ritchie

Claimant's solicitor: Horwood & James (Aylesbury)

Derek Anderson (administrator and executer of the estate of Catherine Fennymore deceased) v St Helier NHS Trust (2000) QBD (Buckley J) 26 January 2000

Claimant: Male, administrator and executor of the estate of the deceased (D) who died on 28 July 1995 aged 35.

Incident: In May 1995, D fell ill and visited both St Helier and Sutton hospitals on three occasions for treatment. She twice visited the accident and emergency department at St Helier and was seen once in the rheumatology department at Sutton. However, her kidney condition was not diagnosed. On 28 July 1995 she died from a kidney infection. The claimant brought an action against the defendant alleging that its staff had been negligent in failing to diagnose and treat D's illness. Liability admitted over negligent treatment.

Injuries: D died from a kidney infection.

Award: £200,000 total damages (out of court settlement)

Claimant's counsel: Christopher Hough

Claimant's solicitor: Parlett Kent

Georgina Ann Ley v (1) The Royal Hospital of St Bartholomew (2) The Royal London Hospital (3) The London Chest Hospital NHS Trust (2000) QBD (Buckley J) 28 February 2000

Claimant: Female, 45 years old at date of accident; 50 years old at date of settlement.

Incident: The claimant underwent a routine angioplasty in December 1994 at St Bartholomew's Hospital. During the procedure her right femoral artery was damaged. She also suffered a complication which required her to undergo a cardiac artery bypass graft under anaesthetic. As a result of that artery damage, the blood flow to her right leg was cut off for about seven hours. The claimant alleged negligence on four counts. Breach of duty admitted.

Injuries: The claimant suffered muscle wasting and neurological injury.

Award: £250,000 total damages (out of court settlement)

Claimant's counsel: Andrew Spink

Claimant's solicitor: Kingsley Napley

Cases from LAWTEL's PI Quantum Database. Contact Deborah Talbot on 0171 970 482