The High Court awarded €282,540 to a scenic artist who suffered continuing neck and back problems after a road collision in January 2008. Mr Justice Michael Peart found that the plaintiff’s back pain, which became acute about ten months after the crash, was attributable to the accident, although a later discectomy was not.
The plaintiff was waiting to turn right when a car driven by the first defendant, described in the judgment as uninsured, came through a red light and struck his van. He developed neck and back pain and received treatment including medication, physiotherapy, injections and procedures. A spinal cord stimulator later helped relieve his leg pain, but his lower back pain continued.
The defendants disputed whether the back problems that worsened in November 2008 were caused by the January collision, given the time between them. The judge accepted the opinion of orthopaedic surgeon Mr Ashley Poynton that the continuing back pain was attributable to the accident. He distinguished it from the disc protrusion and discectomy, which Mr Poynton did not attribute to the collision. The judge also found that the plaintiff was genuine about his symptoms and that his personal and work difficulties resulted from the injuries.
The plaintiff had worked mainly as a self-employed scenic artist on film and television productions. The work was irregular, and he said his injuries limited the jobs he could take. The judge considered the uncertainty of that work and the prospect of a downturn in the industry when assessing earnings. Using average annual gross earnings of €36,000 for 2007 to 2011, and estimating that the plaintiff could earn €25,000 a year despite his injuries, the court assessed future loss of earnings at €114,405.
The court assessed damages for past pain and suffering at €65,000 and future pain and suffering at €75,000, giving general damages of €140,000. Agreed special damages were €28,135, which the judge understood to include past loss of earnings. Together with future loss of earnings, the total award was €282,540, and judgment was given for the plaintiff.