Football Injury Compensation Claim

Matthew Jason Holmes V (1) Wolverhampton Wanderers Fc (1986) Ltd (2) Kevin Muscat (2004)

The claimant, a 34-year-old professional footballer, received £250,000 for the leg injuries sustained during a tackle in football match in February 1998. The claimant suffered from a loss of confidence, proprioception and pace, and was forced to retire from professional football as a result of his condition.

Claimant: Male: 28 years old at date of accident; 34 years old at date of settlement.

Sporting accident: On 3 February 1998, the claimant, a professional footballer, was playing for Charlton Athletic FC against Wolverhampton Wanderers FC (D1). The second defendant (D2), who was playing for D1 at the time, tackled the claimant as the claimant was running for the football.

The claimant sustained injury and brought an action against D2 alleging that he:

(i) deliberately and/or negligently performed an excessive tackle;

(ii) deliberately brought his foot over the top of the ball with his studs showing and stamped down on the bottom of the claimant's leg; and

(iii) was reckless and negligent in making the challenge, which was in breach of his duty of care towards the claimant.

Liability disputed. The defendants alleged that the claimant's injury was an unfortunate accident and of a type that occurs in competitive professional football.

Injuries: The claimant sustained a severe fracture to his left lower tibia in the accident.

Effects: The claimant suffered from a spiral, displaced fracture with multi-fragments. He suffered from an open wound over his lower medial leg, which was classed as Grade II. The claimant also sustained a stud mark from D2's football boot in the bone of his leg.

The claimant underwent a series of operations which included the insertion of an intramedullary nail into the bone of his leg and a skin graft, which was performed by a consultant plastic surgeon shortly after the incident. The claimant was seen by the plastic surgeon as an outpatient on several occasions following his discharge from hospital and he was left with unsightly scarring at the back of his leg over his Achilles tendon.

Prior to the accident, the claimant had intended to continue his professional football career with his club for several more years before transferring to lower division football clubs and then coaching and/or managerial positions. However, as a result of the accident the claimant suffered a loss of confidence, proprioception and pace and had to retire from professional football. The claimant did not recover from his pre-injury pace and acceleration that he submitted had been among his main attributes as a top class professional footballer. At the end of his contract, the claimant accepted employment with a non-league football club.

Prognosis: The claimant was able to play competitive football for the duration of a match at non-league level, but was unable to return to professional football.

Out of Court Settlement: £250,000 total damages.

Background to damages: The claimant's solicitor estimated that the award for pain, suffering and loss of amenity was £20,000-£25,000 based on the decisions in similar cases. It was also estimated that the figure for loss of earnings was approximately £220,000.