Hammer v Martin et Al

JurisdictionCayman Islands
JudgeSchofield J.
Judgment Date01 January 1991
CourtGrand Court (Cayman Islands)
Docket NumberNo. 327 of 1991
Date01 January 1991
Hammer
and
Martin et al

Schofield, J.

No. 327 of 1991

Grand Court

Damages - Personal injury — Motor vehicle accident — Twenty—three year old man — Fracture to left kneecap and lacerated and contused wounds to the forehead, chin and upper lip — Quantum.

Appearances:

Mr. Murray for the plaintiff.

Mr. Shea for the respondent.

Schofield J.
1

Robert Hammer, the plaintiff is a 23 year old Austrian who is employed in the restaurant business. In 1990 he worked as a waiter at the “Wharf” restaurant in George Town on a gainful occupation license which was due to expire in October, 1990. On the 5 th April 1990, he was knocked off the motor cycle he was riding and sustained a fracture to his left kneecap and lacerated and contused wounds to the forehead, chin and upper lip. The question of liability in this suit has been settled between the parties. I am left to determine the question of damages.

2

The plaintiff's kneecap was shattered and a complete patellectomy (removal of the kneecap) was performed with restructuring of the quadriceps and pattellar tendons. A plaster cast was put in place. There were no bone injuries to the head and the lacerations to the face were sutured. The plaintiff remained in George Town hospital until the 26 th April, 1990, when he was discharged on crutches. He travelled home to Austria on 3 rd May, 1990.

3

A very full report was admitted from Dr. Gert Glaser a medical expert for accident surgery who has his consulting rooms in Graz, Austria.

4

When the plaster cast was removed on 18 th May, 1990 it was recommended that the plaintiff stay in hospital as an in-patient because of his high grade muscular atrophy and inflexibility of the quadriceps muscles. He stayed in hospital for 3 days after intensive physiotherapy he was released from stationary treatment.

5

As a result of the injury to the knee the muscles of the left leg are significantly weakened. If further intensive training of the muscles is carried on strengthening of those muscles is expected but a slight weakness of the left thigh will remain. At present there is a 10 degree restriction in the flexion of the left knee joint but this can be cured completely if adequate flexing exercises are carried on. Small bone regenerates of about pinhead size have developed in the former bed of the patella. These are not expected to grow but if any of them do they would have to be removed surgically.

6

The plaintiff testified that he used to ski, play soccer, tennis, squash and ride horses. He can still ride a horse and play tennis, but not as before the accident. The other activities are no longer open to him. he now cycles and swims a lot and occasionally goes to physiotherapist.

7

The scars to the face were described by Dr. Glaser as eye-catching but not repulsive or disgusting. When the scars mature, particularly to the forehead, a corrective plastic surgical operation in indicated. The cost of that operation would be between A $50,000 and a $60,000 (US$38,175 to US$45,810). The plaintiff testified that having regard to his profession, in which he deals with members of the public, he considers he should have the operation.

8

Special damages, except for loss of earnings, have been agreed at...

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