G v. M & M 14.12.2021 (Unrep)
£1.66m gross settlement for a 30-year-old welder who sustained trans-humeral amputation following a motorcycle accident .
Marcus Grant represented a then 23-year-old welder who recovered £1.66m gross of 55% contributory negligence in respect of injuries sustained in a motorcycle accident.
Within weeks of the accident, he returned to his welding work with a dominant flail arm. 13 months after the accident he elected to have the flail arm removed via a trans-humeral amputation and he returned to work once more as a one-armed welder. Showing astonishing courage and receiving assistance from his employer who made a series of adjustments to accommodate him as a one-armed welder, he continued to work in that trade over the ensuing 6 years whilst the liability dispute following the accident continued.
The physical ordeal of that struggle to work imposed significant strain on his contralateral upper limb and on his spine.
6 years before the motorcycle accident he sustained bilateral femur fractures and significant fracture injury to his non-dominant wrist which left him with residual symptoms at the time of the motorcycle accident. These pre-existing conditions complicated the analysis of the ‘but for case’.
Following resolution of liability and receipt of an interim payment, at the 6th anniversary of the accident, he stepped away from welding and started less well remunerated light sedentary work.
The trans-humeral amputation was too high to accommodate any bionic prostheses.
He enjoyed the support of a loving wife and close family who had provided all the care and support over the preceding 6 years to facilitate his full-time work.
His settlement factored in allowances for risks that his levels of function may deteriorate in older age.
His settlement also reflected his astonishing stoicism in coping with catastrophic injury.
The case settled via a structured negotiation.