(Scotland) The pursuer had no pre-existing degenerative condition of his lower spine, although he had degenerative changes in his cervical spine. As a result of an accident he sustained a prolapsed inter vertebral disc in his lumbar spine as a result of which he required a discectomy, and he also sustained an injury to his neck which precipitated symptoms of pain and restriction of movement.
Held: The English decision in Wells v Wells on the calculation of lump sums to be awarded for future care and loss of earnings is to be applied in Scotland. It had included consideration of a Scottish case which previously applied.
Citations:
Times 07-Jan-1999, [1998] ScotCS 35, 1999 SC 195
Links:
Jurisdiction:
Scotland
Citing:
Cited – Wells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care.
Held: The appeals succeeded. . .
Cited by:
Cited – Iseabal Emslie v Anne Bell OHCS 12-Aug-2004
The defender had driven into the back of the pursuer’s car, causing the injuries. She claimed that the accident had aggravated a pre-existing slight injury to her knee.
Held: The pursuer’s accounts of her injuries had not been entirely . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 19 May 2022; Ref: scu.83581
