Hall v Khan

Facts

H, male, aged 55 at the date of the accident and 56 at trial, suffered injuries as a result of a road traffic accident when his motor car was in a collision and rolled over on to its roof. H was taken to hospital by ambulance. He suffered pain in the left side of his neck radiating into the shoulder, in the right side of the neck radiating into the outer aspect of the right arm with 'pins and needles' sensation in that hand, and pain in the lower back. The pain was severe for a week and then moderate for seven to eight months. A course of physiotherapy at that time eased, but did not resolve, the ongoing symptoms. At trial H complained of stiffness in the neck and pains down the right arm on most days, and also occasional pins and needles in the right hand. In addition there was aching and stiffness in the lower back. He was unable to undertake DIY and gardening, and his hobbies of darts and vehicle maintenance were adversely affected. The medical evidence indicated that the ongoing symptoms were permanent and that it was advisable that H avoided heavy lifting in future. The district judge took the view that the primary injury was to the neck and that the back injury was a minor additional aspect. He felt that the injury fell within bracket 6(A)(b)(i) of the JSB Guidelines, but towards the bottom end. General Damages: GBP 8,000.