A v. G (Unrep) 30.07.20
A 40-year-old electrician recovered £550,000 in a negotiated settlement in respect of a leg injury sustained in a bicycle accident.
He sustained an ‘open (compound) fracture dislocation of his left tibia and fibula with neurovascular compromise to the foot, a PTA kink inside the ankle joint, damage to the peroneal tendon, a Weber C fracture of the ankle and extensive degloving injuries over the left thigh and calf.’
He endured a long and painful period of rehabilitation following which, after the third anniversary of the accident, he managed to find full time lighter employment in South Wales where he lived.
The central issue between the parties concerned his notional earning capacity in the absence of the accident, because there were gaps in his work record for benign reasons (recovery from an earlier surgery and taking a year out to care for an elderly relative); also his residual earning capacity was not agreed with the Defendant suggesting that he was not ‘disabled’ within the meaning of Ogden 8.
The settlement represented a compromise between the parties’ respective best cases.