Elizabeth Gordon v. Mark Martin Lynch [2009] CSOH 116

Proof:- On 16 May 2004 the pursuer's brother, Sean Milligan, was injured in a road traffic accident in Carluke when the car he was driving collided with a stolen van being driven by the defender who was under the influence of alcohol. The defender was thereafter convicted of a number of road traffic offences which resulted in him being imprisoned. The pursuer was appointed the financial and welfare guardian for her brother in March 2006. Here the pursuer sought reparation on behalf of her brother for the injuries that he sustained in the accident. The pursuer received the sum of £350,000 by way of interim damages in May 2007for a care package to be put in place. Liability has been admitted and the only issue at proof here was quantum. The pursuer's brother had sustained traumatic brain injury as a result of the accident and had a score of 3 on the Glasgow Coma Scale initially. He had a number of other injuries including a pneumothorax to the right side of the chest, a closed fracture of the right neck of femur, a closed fracture of the right middle/distal third of the femur, an open comminuted fracture of the right patella, a closed fracture of the right ankle and an open comminuted fracture of the left patella with an underlying fracture of the distal femur. At proof a number of heads of claim were agreed between parties, however, there were a number of areas of dispute including inter alia solatium, the cost of future care and the cost of accommodation. Here the court considered the level of damages to be awarded having regard to the pursuer's brother's needs for the remainder of his life.