Abbs v Somerfield Plc [2010] EWHC 735 (QB) (13 April 2010)

Abbs v Somerfield Plc [2010] EWHC 735 (QB) (13 April 2010)

Claimant entitled to damages at the severe bracket for hip injury due to significant pain, permanent incapacity, and high likelihood of future hip replacement. Claimant's refusal to seek alternative employment was reasonable given age, disability, lack of skills, and psychological factors; full past and partial...

Source-derived case information.

Citation
[2010] EWHC 735 (QB)
Parties
Claimant: Mr Cedric Abbs; Defendant: Somerfield PLC
Jurisdiction
England and Wales
Judgment Date
13 April 2010
Procedural Posture
Negligence Action (personal Injury) / Quantum Trial Following Admission of Liability
Outcome
Judgment for claimant on quantum; damages awarded as specified.
Legal Topics
Negligence, Damages, Loss of Earnings, Care Costs, Mitigation of Loss
Tort Personal Injury Negligence Damages Loss of Earnings Care Costs Mitigation of Loss

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Parties

Mr Cedric Abbs

Claimant

Somerfield PLC

Defendant

Procedural Posture

Negligence Action (personal Injury) / Quantum Trial Following Admission of Liability

Legal Issues

  1. 1 Assessment of quantum for pain, suffering and loss of amenity
  2. 2 Entitlement to damages for future hip replacement
  3. 3 Calculation of past and future loss of earnings

Ratio Decidendi

Claimant entitled to damages at the severe bracket for hip injury due to significant pain, permanent incapacity, and high likelihood of future hip replacement. Claimant's refusal to seek alternative employment was reasonable given age, disability, lack of skills, and psychological factors; full past and partial future loss of earnings awarded. Care, assistance, equipment, and holiday expenses awarded as quantified. Interest to be agreed.

Court Disposition

Judgment for claimant on quantum; damages awarded as specified.

Orders

  • Claimant awarded £30,000 for pain, suffering and loss of amenity.
  • Claimant awarded £9,600 for future hip replacement (80% probability).