CALORI v SPENCER (2016)

Published in Lawtel January 2017

Sarah Mawdsley

Total Damages: £100,000 (£101,431.26 RPI)
Trial/settlement date: 23/11/2016
Age at trial: 30
PSLA: £65,000 (£65,930.32 RPI)
Type of Award: Out of Court Settlement
Court: Out of Court Settlement
Age at injury: 26
Sex: Female

The claimant, a 30-year-old woman, received £100,000 for the serious injuries to both feet she sustained in a road traffic accident in August 2013. The claimant suffered four broken metatarsals in her left foot and three in her right foot which required surgery and a skin graft. She was unable to continue with her occupation as a personal trainer and would never regain the same level of athletic ability she had before the accident.

Road Traffic: On 3 August 2013 the claimant (C) was riding on the back of a motorbike on a motorway. The defendant (D) was driving a vehicle in the middle lane and was about to be passed by the motorbike on the inside lane when D attempted to pull in and merge in the same lane as the motorbike without indicating. The motorbike was forced to stop suddenly but D had apparently not left enough space for the motorcyclist to brake and in attempting to do so the motorbike swerved and collided with the back left corner of D’s vehicle, causing C and the motorcyclist to be thrown from the motorbike.

C sustained injury and brought an action against D alleging that he was negligent in (i) failing to indicate when changing lanes; (ii) not leaving enough space for the motorbike.

Liability admitted.

Injuries: C sustained four broken metatarsals in the left foot and three broken metatarsals in the right foot.
On 4 August 2013 C underwent an operation on the left foot; on 16 August she underwent an operation on the right foot; and on 9 September she underwent a skin graft.
Total injury duration: permanent
Effects: After the accident C experienced difficulty walking long distances. She was unable to return to her work as a personal trainer.

Prognosis: C was unable to return to her occupation as a personal trainer. She was expected to be able to start jogging eventually but she would never return to normal function. She was not expected to regain the same level of athletic ability that she previously had when working as a personal trainer.

Out of Court Settlement: £100,000 total damages

The case was settled on a global basis with no particular breakdown of damages. However, the following breakdown was estimated by the claimant’s solicitors:

Breakdown of General Damages: Pain, suffering and loss of amenity: £65,000

Simmons v Castle [2012] EWCA Civ 1288 10 per cent uplift: applied.

Express Solicitors (Manchester) for the claimant

LTLPI 04/05/2017 (Unreported elsewhere)

This Quantum Report was provided courtesy of Robin Patey of Express Solicitors, solicitors for the claimant.

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