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Blake v Cottle, Taunton County Court, 1 June 2005

1 June 2005
The issues

Whiplash Injury – Whether Whiplash Injury In Fact Sustained

The facts

The Claimant suffered a road traffic accident on 21st November 1998. Liability was not disputed. The Claimant alleged that he suffered a whiplash injury and consequential psychological injury. He was a self employed builder. He alleged a substantial loss of profit of £100,000.00 (check this with James).

The Claimant and Defendant relied upon the report of an Orthopaedic Surgeon who was jointly instructed and a Psychiatrist. The Defendant relied upon the report of a Consultant Rheumatologist.

The decision

The Consultant Rheumatologist, Dr Hollingworth had analysed the onset of the alleged whiplash injury relying on a detailed examination of the Claimant’s medical records. His analysis was not consistent with the Claimant’s complaints post accident. In particular, the first reference to neck pain was 38 days post accident although that reference referred to the Claimant “still” having neck pain.

At Trial the Judge preferred the evidence of Mr Hollingworth to that of the Consultant Orthopaedic Surgeon. Any injury that the Claimant had suffered in the road traffic accident was minor. The Claimant would be awarded £500.00 general damages for a blow to the knee and £30.00 for agreed special damages.

For further information with regard to this claim please contact Huw Hamill of 12 King’s Bench Walk, London on Hamill@12kbw.co.uk or Mr James Ruttledge on jamesruttledge@veitchpenny.co.uk.

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