David Hawkes V. Stuart Wynn
| Jurisdiction | Scotland |
| Judge | Lord Macfadyen |
| Date | 28 June 2002 |
| Docket Number | A4730/01 |
| Court | Court of Session |
| Published date | 28 June 2002 |
| OUTER HOUSE, COURT OF SESSION | |
| A4730/01
| OPINION OF LORD MACFADYEN in the cause DAVID HAWKES Pursuer; against STUART WYNN Defender: ________________ |
Pursuer: Milligan; Lawford Kidd
Defender: Patrick; Morison Bishop
28 June 2002
Introduction
[1]In this action the pursuer seeks damages in respect of personal injuries which he suffered in a road accident which occurred on 24 December 2000. He had stopped his car at the roundabout off the M80 Glasgow to Stirling motorway at junction 9. As he was about to move off, the car driven by the defender collided with the rear of his car. By Joint Minute lodged at the commencement of the proof, the defender admitted liability to make reparation to the pursuer for the injuries which he suffered as a result of the accident. The only issue addressed at proof was accordingly quantum of damages. The only head under which the pursuer seeks damages is solatium.
The Evidence
[2]The main source of information about the injuries suffered by the pursuer was a report (No. 6/2 of process) by Eric G. Anderson, FRCS, which parties were agreed should be treated as his evidence. The only other evidence adduced was that of the pursuer himself. His evidence was largely uncontroversial. In the course of it, he was referred to a few items in the agreed records kept by his general practitioner (Nos. 6/1 and 6/3 of process).
[3]In the accident, the pursuer, who was wearing a seatbelt, was jerked forward. He felt pain in his lower back, and his knees struck the dashboard. He went to Stirling Royal Infirmary, where he was examined, but no x-rays were taken. He was given painkillers and referred to his general practitioner. He attended his general practitioner on 29 December 2000. The pursuer's evidence was that he had continued to suffer symptoms in his back and in his knees since the accident. His knees become painful if he stands for prolonged periods. He has been prescribed painkillers and anti-inflammatory drugs. At work he stands for eight hours, and his knees become painful, but he has never been off work as a result of the accident. He described his knees as "not too bad". The extent of the pain in his back depends on how much lifting he has had occasion to do. His back can be quite painful, and sometimes he is disturbed by it at night, and has to get up and have a cup of tea after two hours sleep. His back is better if he keeps mobile and does exercises.
[4]The pursuer accepted that he had suffered from back symptoms before the accident. The details are given in Mr Anderson's report. The general practitioner's records disclose that the pursuer was seen complaining of back pain in July 1995, May 1997, March 1998, June 1998 and February 1999. His backache was aggravated by a road accident in which he was involved on 25 February 1999 (on which occasion he drove into the rear of another car). In March 1999 he was referred for physiotherapy, completed that course by June 1999 and thereafter undertook and completed by 12 July a back fitness programme.
[5]When he was seen by Mr Anderson on 29 June 2001, the pursuer was recorded as complaining of occasional stiffness in his back and knees first thing in the morning, and indicating that his back was aggravated by repeated bending and heavier duties at work. On examination, Mr Anderson found no visible abnormality, and a full range of movement, in the pursuer's back. There was discomfort at the extreme of extension, and some local tenderness on palpation. Both knees had a full range of painfree movement, but a complaint of discomfort was elicited by patello-femoral compression, more on the left than on the right, and there was palpable grating in the joint. Again in the left knee more than the right there was tenderness and pain on rotation while extending.
[6]Mr Anderson's opinion and prognosis was that in relation both to the back and to the knees the pursuer had suffered in the accident an aggravation of existing complaints. So far as the back was concerned, given the history of previous episodes of low back pain, Mr Anderson expressed the opinion that the aggravation caused by the accident would resolve within twelve months of the accident...
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