Malvicini v Ealing Primary Care Trust

Malvicini v Ealing Primary Care Trust

The claimant's disabling pain disorder was caused by the workplace accident, not by pre-existing vulnerability or malingering. Damages are awarded for pain, suffering, loss of earnings, and future care, subject to a 10% deduction to reflect a small chance the injury would have occurred in any event.

Parties
Claimant: Josefa Claudimary De Oliveira Malvicini; Defendant: Ealing Primary Care Trust
Jurisdiction
England and Wales
Judgment Date
05 March 2014
Procedural Posture
Personal Injury / Assessment of Damages After Judgment on Liability
Outcome
Damages awarded to claimant, subject to 10% deduction for vulnerability.
Legal Topics
Damages Assessment, Causation, Psychological Injury, Loss of Earnings, Future Care, Malingering, Vulnerability, Pain Disorder
Tort Law Personal Injury Damages Assessment Causation Psychological Injury Loss of Earnings Future Care Malingering +2 more

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Parties

Josefa Claudimary De Oliveira Malvicini

Claimant

Ealing Primary Care Trust

Defendant

Procedural Posture

Personal Injury / Assessment of Damages After Judgment on Liability

Legal Issues

  1. 1 Whether the claimant's ongoing disability was caused by the workplace accident
  2. 2 Whether the claimant was malingering or exaggerating her symptoms
  3. 3 Whether the claimant was so vulnerable that the injury would have occurred in any event

Ratio Decidendi

The claimant's disabling pain disorder was caused by the workplace accident, not by pre-existing vulnerability or malingering. Damages are awarded for pain, suffering, loss of earnings, and future care, subject to a 10% deduction to reflect a small chance the injury would have occurred in any event.

Court Disposition

Damages awarded to claimant, subject to 10% deduction for vulnerability.

Orders

  • Defendant to pay claimant damages as assessed, less 10% deduction.
  • Interest to be added to the total award.