GILBERTSON v ARKELL
PSLA: £40,000 Total award: £421,000
Trial Date: 06/08/2007 Judge: HHJ
Court: High Court sitting at
Type of award: Court award
Age at injury: 29 Age at trial: 34
Sex: Female
Occupation: catering industry
Most significant injury: Severe, constant low back pain with disc prolapse
Other injuries: Soft tissue injury to neck, psychological consequences
Duration of injury and prognosis: Permanent low back pain for nearly 4½ years, no significant change anticipated.
The Claimant suffered injury when her car was shunted from behind at low speed. Liability was admitted. She noticed symptoms in her neck and lower back later on the same evening and attended her GP the following day complaining of headaches and low back pain radiating down her left leg. She attended her GP and hospital appointments on numerous occasions. Over the course of the next 4½ years the claimant underwent nerve root block injections, a disectomy, lumbar facet joint injections and attended a Pain Management course. Despite such treatment she only obtained temporary relief. She received chiropractic and acupuncture courses which were continuing at the date of trial. Ongoing symptoms were assessed by both orthopaedic surgeons as being very severe, affecting her ability to work and perform routine domestic tasks and leisure activities. The claimant was diagnosed as being clinically depressed and anxious due to the chronic pain. Prior to the accident she had led a very active lifestyle and was a keen horse rider and took part in competitive horse riding; she also enjoyed quad bike riding, water and snow skiing, dancing and maintained the family’s large garden. Before the birth of her 2 children she ran a small sandwich business but at the time of the accident was undertaking 3 part-time jobs as a cleaner and child minder. The Court accepted that “but for” her injuries she was likely to have returned to the catering industry shortly after her youngest child returned to school in late 2006. As a result of the constant pain and related depression the claimant’s marriage broke down. The claimant suffered from persistent back pain radiating down her left leg. Walking, sitting and standing were all limited and assistance was increasingly sought from the use of a stick. She continued to take pain relieving medication and antidepressants. No significant change was anticipated.
Other awards: Past loss of earnings: £23,630; future loss of earnings: £248,603 (multiplier of 15.5); sundry awards made in relation to past and future cost of child care, cleaning, gardening, DIY, travel expenses, medication, horse upkeep and interest. Total award £421,073.
Claimant’s counsel: Christopher Taylor instructed by John Whitcroft,
Defendant’s counsel: William Hoskins instructed by Rollingsons, London
Submitted by Alice Darian, pupil barrister at Queen Square Chambers, Bristol
