Litigation Personal Injury 23/06/98

Capasso v Hilltost – QBD 28 April 1998

Claimant: Salvatore Capasso, 52

Incident: Injury at work

Injuries: Claimant, a former fitness fanatic, stumbled while laying floor in July 1992, taking more than his share of weight of a 88kg stone slab. He has been left suffering from sciatica which manifests itself through sharp pain in back and left leg and can only be controlled with pain killers. He claims he can no longer work, can only walk short distances with the aid of a stick and uses a wheelchair if he goes out for any length of time

Award: £100,000

Judge: Deputy Judge Michael Kallipetis QC

Plaintiff's counsel: John Holt

Plaintiff's solicitor: Gotelee & Goldsmith, Ipswich

Oliver v Bonney – QBD 29 April 1998

Claimant: Alfred Oliver, 74

Incident: Road traffic accident

Injuries: Claimant who had worked as a fine sheet-metal worker, suffered brain damage when knocked off bicycle by motorist in February 1990. He claimed he had been left with defective memory, poor concentration and changed personality. After watching video footage of plaintiff talking normally in a waiting room prior to an psychiatrist's interview, the court found that plaintiff had lied over the extent of his head injuries. While he talked normally in the waiting room he talked in monosyllables during the interview. Judge found that head injuries were moderate but accepted he had suffered depression since. Claimant had earlier turned down an offer of £33,3Award: £19,600

Judge: Judge Mettyear

Plaintiff's counsel: David Hart

Plaintiff's solicitor: Leigh Day & Co, London EC1

Campbell v Mylchreest – QBD 16 March 1998

Claimant: Simon Campbell, 34

Incident: Road traffic accident

Injuries: Claimant received devastating head injuries after car he was travelling in hit a tree. Medical profession divided over effect of his injuries. Dispute centred on whether he was in a persistent vegetative state or whether he had some awareness. Claimant will need constant attention. Judge described the case as one of the most difficult he had experienced

Award: £675,000 (agreed damages)

Judge: Mr Justice Popplewell

Plaintiff's counsel: Daniel Brennan QC

Plaintiff's solicitor: Osborne Morris & Morgan, Bletchley.