B v. I 11.10.17
13th October 2017
54 year old builder recovered £1.16m gross of 10% contributory negligence, after sustaining a head injury when he stumbled and fell on a defective brick on a set of steps leading to his rental property. Marcus Grant, instructed by Christopher Dickinson of Dickinson Solicitors represented the Claimant.
On his case, he sustained a closed brain injury comprising diffuse axonal injury at a microscopic level and PTSD, as a consequence of which he was unable to run his building business effectively, despite still working at a reduced level through to the date of trial. He presented with a cluster of physical, cognitive, behavioural and psychological symptoms that were consistent with a frontal lobe dysexecutive syndrome. In addition to being unable to work effectively, he separated from his wife, on his case on account of the consequences of his dysexecutive syndrome and needed supervision from a case manager and support worker into the future.
The Defendant viewed the case differently. In the absence of any identifiable damage on CT, no contemporaneous clinical observations of post traumatic amnesia or reduced Glasgow coma score, the Defendant contended that he probably did not sustain DAI or PTSD and that any perceived change in his character was a consequence of pre-existing personality traits and psychological vulnerability coupled with being advised incorrectly that he had suffered significant traumatic brain injury. The claim settled through negotiation on the eve of trial in the QBD.