Siegel v Pummell

Siegel v Pummell

On the balance of probabilities, the Claimant's present and continuing cluster of symptoms is caused by diffuse axonal injury (DAI) sustained in the accident. The court preferred the evidence of Dr Allder and Professor Morris, finding the mechanism of injury, early medical records, consistent lay witness evidence,...

Source-derived case information.

Parties
Claimant: Peter Asher Siegel; Defendant: Lester Pummell
Jurisdiction
England and Wales
Judgment Date
18 December 2014
Procedural Posture
Civil Personal Injury / Assessment of Damages (quantum) After Liability Admitted
Outcome
Claim allowed in part; damages awarded for brain injury and consequential losses
Legal Topics
Road Traffic Accident, Traumatic Brain Injury, Quantum of Damages, Loss of Earnings, Medical Evidence, Causation
Tort Law Personal Injury Road Traffic Accident Traumatic Brain Injury Quantum of Damages Loss of Earnings Medical Evidence Causation

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Summary, issues, holding and outcome

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Parties

Peter Asher Siegel

Claimant

Lester Pummell

Defendant

Procedural Posture

Civil Personal Injury / Assessment of Damages (quantum) After Liability Admitted

Legal Issues

  1. 1 Whether the Claimant's ongoing symptoms are attributable to a diffuse axonal brain injury (DAI) caused by the accident or are psychological in origin
  2. 2 The extent of the Claimant's loss of earning capacity and appropriate quantum of damages

Ratio Decidendi

On the balance of probabilities, the Claimant's present and continuing cluster of symptoms is caused by diffuse axonal injury (DAI) sustained in the accident. The court preferred the evidence of Dr Allder and Professor Morris, finding the mechanism of injury, early medical records, consistent lay witness evidence, and the persistence of symptoms after psychological treatment supported a neurological rather than psychological cause. The Claimant's loss of earning capacity is substantial but not total; he retains some residual earning potential as a part-time consultant. Quantum is assessed accordingly.

Court Disposition

Claim allowed in part; damages awarded for brain injury and consequential losses

Orders

  • General damages for pain, suffering and loss of amenity: £65,000
  • Past loss of earning capacity: £21,688