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Home > Compensation for Physical Injuries
Loss Of Sight Compensation Claim
Eyesight Damage Claim
Michael George Roberts V (1) Dylan Williams (2) Conwy & Denbighshire Nhs Trust (2003)
The claimant, a 41-year-old man, received £195,994 for the multiple injuries sustained in an accident at work in December 1997. The claimant suffered an injury to his optic nerve, which caused blindness in his right eye and multiple fractures to his facial skeleton.
Chester County Court (Recorder Howells) 30/5/2003
LTLPI 20/10/2003 (Unreported elsewhere)
Document No.: AM0200528
Facial Skeleton Injuries
The claimant, a 41-year-old man, received £195,994 for the multiple injuries sustained in an accident at work in December 1997. The claimant suffered an injury to his optic nerve, which caused blindness in his right eye and multiple fractures to his facial skeleton.
Claimant: Male: 36 years old at date of accident; 41 years old at date of award.
Claimant: Male: 36 years old at date of accident; 41 years old at date of award.
Clinical Negligence, Employers' Liability: On 11 December 1997, the claimant was asked in the course of his employment by the first defendant ('D1') (his employer) to climb up a ladder and seal the roof. Whilst he was completing this task the ladder slipped away underneath him and he slid down the wall hitting some wooden battens, which were attached to the wall. An ambulance was called and the claimant was taken to the hospital managed by the second defendant.
Liability Admitted For Accident
The claimant sustained injury and brought an action against D1 alleging that in the absence of the accident he would have continued to work in unskilled manual labour and on the balance of probabilities he would have been able to return to work by April 1999, but for the second defendant's D2') negligence.
Liability was admitted by the second defendant, but disputed by the first defendant.
Injuries: The claimant sustained multiple fractures to his facial skeleton and orbit, an injury to the optic nerve, loss of sensation over the right side of his face below the eye, scarring to the right side of his forehead and a fracture of the proximal pole of his left scaphoid.
Injuries: The claimant sustained multiple fractures to his facial skeleton and orbit, an injury to the optic nerve, loss of sensation over the right side of his face below the eye, scarring to the right side of his forehead and a fracture of the proximal pole of his left scaphoid.
Effects: The claimant suffered from blindness in his right eye as a consequence of the injury to his optic nerve. He also required an operation on his wrist which was, allegedly, negligently performed in July 1998. The Herbert screw was misplaced being placed across his scaphotrapezial joint. An attempt was made to repair the mistake a week later, but this was also inadequately performed.
As a result of the operation, the fracture failed to unite and the pole of the scaphoid was avascular with no prospect of union. Subsequently, the claimant suffered from constant and persistent severe pain as well as weakness in his left wrist. The claimant also suffered from a nervous tick as a result of a psychological injury.
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Negligent Hospital Treatment
Prior to the accident, the claimant had been a keen pool player, but subsequently, he struggled to play because of his impaired eyesight and the visual problems he experienced. The claimant had also been very adept at DIY, but his eyesight and depth perception impairment prevented him from continuing this hobby.
Court Award: £195,994 total damages.
Court Award: £195,994 total damages.
Background to damages: Originally, there were two separate trials on liability. However, because the quantum issues in both actions overlapped, the matters were listed for trial for quantum at the same time. The trial on liability against D1 found that the claimant was an employee of the defendant, despite the defendant arguing this was not the case. Therefore, it was held that D1 was two thirds liable for the accident and the claimant was one third contributorily negligent.
The approach at law was that the first defendant was liable for the loss flowing from the accident on the assumption that the treatment to his left wrist had not been negligent and that the second defendant was liable for the consequences of the negligent treatment.
The central issues arose from the claimant's claims for past and future loss of earnings. It was the claimant's case that but for the negligent treatment, which left the claimant with a painful and useless left wrist, he would have been able to continue employment in similar capacities as he had before the accident despite his monocular vision and head injury. Prior to the accident, the claimant was illiterate and was therefore unemployable after the accident.
Liable For General Damages
The judge held that it was the claimant's injured wrist that was preventing him from working and not his other injuries. Therefore the first defendant was found liable for general damages flowing from the accident and special damages up to the time when the claimant should have recovered from his wrist operation. The second defendant was liable for the continuing pain and suffering that the claimant experienced and all future losses.
Breakdown of D1's damages:
Pain, suffering and loss of amenity: £37,500; Sub services: £2,000; Care costs: £1,000; Loss of earnings: £6,400; Interest on general damages: £2,240; Interest on special damages: £5,699.
Breakdown of D2's damages:
Pain, suffering and loss of amenity: £17,000; Future operation costs: £4,018; Future care: £464; Aids and equipment: £4,578; Future loss of earnings: £72,800; Future services: £22,620; Past loss of earnings: £30,240
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