The injured plaintiff succeeded in his action for damages for personal injury. The defendants appealed the quantum of damage but before the appeal was heard the plaintiff died. The court was now asked to reduce the award because of the death.
Held: Damages for pain and suffering and loss of amenities should be limited to an amount appropriate for the length of time that the injured party survived.
The court also considered what cause of action the widow might have. Lord Denning MR said: ‘It is open to doubt whether the widow here would have any claim under the Fatal Accidents Act. Her husband had sued Mr Sheppard to judgment. Under that Act, the matter must be looked at as at the time of his death. Applying the words of the statute ‘If death had not ensued’, would he himself have been entitled to maintain an action and recover damages for negligence? I do not think so: for the simple reason that he had already recovered judgment and having done that he could not maintain another action for the same cause.’
Lord Denning MR
[1973] 1 WLR 540, [1973] 2 All ER 881
England and Wales
Cited by:
Cited – Brown v Robinson and Sentry PC 14-Dec-2004
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment.
Held: Older authorities had now been replaced by recent . .
Cited – Reader and others v Molesworths Bright Clegg Solicitors CA 2-Mar-2007
The claimants were children of the victim of a road traffic accident. The solicitors were conducting a claim on his behalf for damages, but when he died, they negligently discontinued the action.
Held: The claimants’ action as dependants of . .
Cited – Pickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 30 November 2021; Ref: scu.220487