Litigation Personal Injury 5/7/99

Terence Edward Oxley v (1) Laporte Absorbants (Baulking) (2) Grayston White & Sparrow (1999) QBD (HH Judge Raymond Dean QC) 16 June 1999

Claimant: Male, 43 years old at date of accident; 47 years old at date of settlement.

Incident: On 17 August 1994 the claimant, who was employed by the second defendant as a crane driver, was working at a chemical plant owned by the first defendant. He was injured when he slipped over on the wet steps of an on-site portable toilet.

Injuries: The claimant fractured a vertebrae in his mid-back and developed "tennis elbow" from landing heavily on his elbow. As a result of his injuries, the claimant was unable to continue to perform heavy manual duties so was forced to gain alternative and lower paid employment which did not involve him bending, lifting or sitting for long periods of time.

Award: #242,500 total damages (out of court settlement).

Claimant's solicitor: Lawrence Hamblin (Henley-on-Thames)

Claimant's counsel: Christopher Hughes

Dr Michael Debenham v Barber & anor (1999) QBD (HH Judge Raymond Dean QC) 14 June 1999

Claimant: Male, 41 years old at date of accident; 44 years old at date of trial.

Incident: The claimant, a doctor who ran his own practice, was injured in November 1996 when the Land Rover he was driving was involved in a head-on collision with an articulated lorry.

Injuries: The claimant shattered his left thigh in the accident and his bones needed to be surgically pinned. Following the operation the claimant suffered a massive cardiac arrest, renal failure and pneumonia, seriously endangering his life. He broke his thigh again two months after the accident and required two further operations to repair the damage and was left unable to engage in physical activity. Following the accident he was unable to continue working full-time as a doctor and was placed under considerable financial strain and was diagnosed with moderate depression .

Award: #276,177 total damages.

Claimant's solicitor: Gotelee & Goldsmith (Ipswich)

Claimant's counsel: Mr J Waters

Clive Anthony Cox v John Hockenhull (1999) CA (Stuart-Smith LJ, Jonathan Parker J) 15 June 1999

Claimant: Male, widower, 58 years old at date of accident; 61 years old at date of trial.

Incident: The claimant's wife 'W' was killed in a road traffic accident on 28 January 1996 when the vehicle in which she

and her husband were travelling collided with the defendant's car. The claimant was driving at the time of the accident while W was sitting in the front passenger seat.

Injuries: The claimant sustained severe physical injury in the accident while W was killed. W had been physically disabled for most of her adult life and the claimant had given up his career in the building trade to care for her on a full-time basis. W and the claimant were entirely reliant on state benefits. Following W's death however, these payments ceased and the claimant was deprived of financial support and other services which W had provided.

Award: #60,628 total damages.

Claimant's solicitor: Frank & Caffin (Truro)

Claimant's counsel: Alexander Dawson

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