Skerman v H Bollman Manufacturers Ltd [2002] EWCA Civ 919 (31 May 2002)

Skerman v H Bollman Manufacturers Ltd [2002] EWCA Civ 919 (31 May 2002)

The judge was entitled, on the totality of the evidence and the medical opinions, to conclude that the claimant's injury would probably have occurred within five years absent the accident, justifying damages on a five-year acceleration basis. The judge's approach to the conflicting medical evidence and his reliance on the most consistent expert opinion was reasonable and supported by the evidence.

Citation
[2002] EWCA Civ 919
Parties
Appellant/claimant: Judith Barbara Skerman; Respondent/defendant: H. Bollman Manufacturers Limited
Jurisdiction
England and Wales
Judgment Date
31 May 2002
Procedural Posture
Personal Injury Appeal / Court of Appeal (civil Division) Appeal From Brighton County Court
Outcome
Appeal dismissed
Legal Topics
Negligence, Damages, Causation, Statutory Duty, Employer's Liability
Tort Law Personal Injury Negligence Damages Causation Statutory Duty Employer's Liability

Case Brief

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Parties

Judith Barbara Skerman

Appellant/claimant

H. Bollman Manufacturers Limited

Respondent/defendant

Procedural Posture

Personal Injury Appeal / Court of Appeal (civil Division) Appeal From Brighton County Court

Legal Issues

  1. 1 Whether the trial judge erred in assessing damages on a five-year acceleration basis for the claimant's back injury
  2. 2 Whether there was evidence to support the judge's finding on causation and likelihood of future injury

Ratio Decidendi

The judge was entitled, on the totality of the evidence and the medical opinions, to conclude that the claimant's injury would probably have occurred within five years absent the accident, justifying damages on a five-year acceleration basis. The judge's approach to the conflicting medical evidence and his reliance on the most consistent expert opinion was reasonable and supported by the evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs; costs to be set off against the order for costs made against the defendant at trial.