Goodman v Faber Prest Steel [2013] EWCA Civ 153 (05 March 2013)

Goodman v Faber Prest Steel [2013] EWCA Civ 153 (05 March 2013)

The trial judge failed to adequately test the claimant's oral evidence of immediate post-accident symptoms against the contemporaneous medical records and documentary evidence, which contradicted his account. This constituted an error in the assessment of the evidence, requiring the judgment to be set aside and the matter remitted for rehearing.

Citation
[2013] EWCA Civ 153
Parties
Claimant/respondent: Michael Goodman; Defendant/appellant: Faber Prest Steel
Jurisdiction
England and Wales
Judgment Date
05 March 2013
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Appeal From County Court Judgment on Assessment of Damages
Outcome
Appeal allowed; judgment set aside; matter remitted for rehearing before a different judge.
Legal Topics
Assessment of Damages, Contributory Negligence, Credibility of Witness, Medical Evidence, Appeal Procedure
Tort Law Personal Injury Assessment of Damages Contributory Negligence Credibility of Witness Medical Evidence Appeal Procedure

Case Brief

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Parties

Michael Goodman

Claimant/respondent

Faber Prest Steel

Defendant/appellant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Appeal From County Court Judgment on Assessment of Damages

Legal Issues

  1. 1 Whether the trial judge erred in accepting the claimant's evidence of immediate post-accident symptoms despite contradictory documentary evidence
  2. 2 Whether the judge properly evaluated the medical and documentary evidence in attributing the claimant's injuries to the accident

Ratio Decidendi

The trial judge failed to adequately test the claimant's oral evidence of immediate post-accident symptoms against the contemporaneous medical records and documentary evidence, which contradicted his account. This constituted an error in the assessment of the evidence, requiring the judgment to be set aside and the matter remitted for rehearing.

Court Disposition

Appeal allowed; judgment set aside; matter remitted for rehearing before a different judge.

Orders

  • Set aside the order of Her Honour Judge Corbett.
  • Remit the matter for rehearing before a different judge.