Litigation Personal Injury 25/01/99

Cases from LAWTEL's PI Quantum Database. Contact Nick Conway on 0171 970 4803.

Mabb v Ministry of Defence (1999) QBD (Nicholas Chambers QC) 18 January 1999

Plaintiff: Male, single, 21 years old at date of accident; 29 years old at date of trial.

Incident: Road traffic accident

Injuries: The plaintiff was travelling as a front seat passenger in a vehicle owned by the MoD. He had been accompanying two soldiers to a nearby airport so they could commence their annual leave from military service. The vehicle struck a pillar on the fly-over close to the airport and overturned. The plaintiff sustained serious injuries and all of the other passengers in the car were killed. The plaintiff sustained a serious head injury in the accident and developed post-traumatic stress disorder. Prior to the accident, the plaintiff had been a soldier based in Northern Ireland. However, the extent of his injuries were such that he was unable to continue in active service and was discharged from the army in April 1995.

Award: #100,000 total damages (out of court settlement)

Plaintiff's solicitor: Linder Myers

Plaintiff's counsel: Christopher Gardner QC

Baird-Smith v Wood (1999) QBD (Buckley J) 18 January 1999

Plaintiff: Male, 47 years old at date off accident; 52 years old at date of trial.

Incident: Road traffic accident

Injuries: A car driven by the plaintiff was involved in a head-on collision with a vehicle that had veered onto the wrong side of the road. The plaintiff's wife, who was the front seat passenger, was killed immediately. His 14-year-old-son, who was in the rear of the vehicle, died two days later. The plaintiff suffered multiple head, brain, shoulder, leg and rib injuries. The plaintiff's dominant hand was affected and he suffered memory loss. He lost both his son and his wife. The plaintiff had to take on some of the domestic duties previously carried out by his wife.

Award: #145,000 total damages (out of court settlement)

Plaintiff's solicitor: Russell Jones & Walker

Plaintiff's counsel: Brian Gallagher

McGowen v Merton & Wandsworth Health Authority (1999) QBD (Buckley J) 18 January 1999

Plaintiff: Male, new-born at date of accident; 18 years old at date of trial.

Incident: Medical negligence

Injuries: The plaintiff's mother had been 45 years old when she fell pregnant with the plaintiff. Her condition was carefully monitored and she was admitted to hospital when she went into labour. During the course of his delivery, the plaintiff was suffered foetal distress. The hospital staff initially sought to induce labour but eventually delivered the baby by way of Caesarean section. The plaintiff was born with spastic quadriplegic cerebral palsy having been starved of oxygen during the course of his delivery. The plaintiff was severely disabled and in need of constant care. The plaintiff's condition was permanent and he would always require high levels of care. He would never be able to work or lead a normal life, but was expected to live to the age of 70.

Award: #1,300,090 total damages (out of court settlement)

Plaintiff's solicitor: Shuttleworth & Co

Plaintiff's counsel: Peter Andrews and Jacqueline Beech