Rivers v Brown

• Jurisdiction: Cayman Islands
• Judge: (Quin, J.)
• Judgment Date: 19 December 2012
• Court: Grand Court (Cayman Islands)
• Date: 19 December 2012

Grand Court, Civil Division

(Quin, J.)

RIVERS

and

BROWN

Attorneys: Brooks & Brooks for the plaintiff.

Tort-personal injuries-damages

The plaintiff, a 42-year old water-sports operator, was the victim of an assault occasioning grievous bodily harm in 2007. As a result, he lost the sight in one eye and suffered reduced vision in the other. This reduced vision and lost depth perception prevented the plaintiff from driving or operating machinery, resulting in the loss of his job (with earnings of $500–$800 per week, plus tips), and he had been unable, despite serious attempts, to find other work. The use of steps and ladders was also made more dangerous, and the plaintiff”s remaining eye would remain at risk of further deterioration-and need close medical monitoring-for many years.

Held: The court would award the plaintiff a total of $922,771.60 in damages, plus interest.

General damages: $125,000 for pain, suffering and loss of amenity. The plaintiff”s injuries were within the English Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases parameters of £66,940–£123,380 for the loss of sight in one eye and reduced vision in the other (Re Wiltshaw, [1989] C.L.Y. 1211; and Re Warren, [1993] C.L.Y. 1473, considered).

Special damages: $157,950 for past loss of earnings, based on $650 per week; $574,000 for future loss of earnings, based on a projected retirement age of 65 (Hydes v. Ebanks, 2002 CILR 242; and Bodden v. Solomon, 2008 CILR 385, dicta of Henderson, J. considered) and therefore a multiplier of 17 (as per the Ogden Tables); a $15,000 Smith v. Manchester...