Gordon v Lynch [2009] ScotCS CSOH_116 (06 August 2009)

Gordon v Lynch [2009] ScotCS CSOH_116 (06 August 2009)

The court awarded damages reflecting the catastrophic and permanent injuries sustained by Sean Milligan, including very severe brain injury, permanent cognitive and behavioural deficits, and the need for lifelong 24-hour care. Agency care was justified as the most appropriate regime. The court assessed life expectancy at 74 years, applied the Ogden Tables multiplier, and made awards for solatium, loss of earning capacity, services, case management, care, accommodation, equipment, transport, holidays, medical review, therapies, and guardianship costs, based on the evidence and expert opinions.

Citation
[2009] CSOH 116
Parties
Pursuer: Elizabeth Gordon; Defender: Mark Martin Lynch
Jurisdiction
Scotland
Judgment Date
06 August 2009
Procedural Posture
Personal Injury / Final Judgment
Outcome
damages awarded
Legal Topics
Road Traffic Accident, Damages Assessment, Care Costs, Loss of Earning Capacity, Guardianship, Services, Future Care, Solatium
Tort Personal Injury Medical Law Road Traffic Accident Damages Assessment Care Costs Loss of Earning Capacity Guardianship +3 more

Case Brief

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Parties

Elizabeth Gordon

Pursuer

Mark Martin Lynch

Defender

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 quantification of damages for catastrophic brain injury
  2. 2 assessment of life expectancy and multiplier
  3. 3 appropriate care regime and costs

Ratio Decidendi

The court awarded damages reflecting the catastrophic and permanent injuries sustained by Sean Milligan, including very severe brain injury, permanent cognitive and behavioural deficits, and the need for lifelong 24-hour care. Agency care was justified as the most appropriate regime. The court assessed life expectancy at 74 years, applied the Ogden Tables multiplier, and made awards for solatium, loss of earning capacity, services, case management, care, accommodation, equipment, transport, holidays, medical review, therapies, and guardianship costs, based on the evidence and expert opinions.

Court Disposition

damages awarded

Orders

  • Defender to pay total damages of £3,301,053.76 to pursuer, inclusive of interest for past heads.
  • Awards allocated to specific heads as per judgment table.