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Montgomery Steven v Direct Line Insurance plc ? Edinburgh Sheriff Court, 14 December, 2007

Description

Reparation - Damages - Solatium - Minor Injuries to upper back, neck, chest and shoulder; anxiety when driving

The Pursuer sought damages for injuries he suffered as a result of a road traffic accident in November, 2005. His stationary vehicle was struck from behind by a vehicle for which the Defenders were insurers in terms of the Road Traffic Act 1988. Liability was admitted. At the time of the Proof, the Pursuer was 62 years old. Following the accident, he experienced initial shock and began to develop pain and stiffness in his upper back, neck, chest and shoulder. He also developed bruising on his upper chest, which settled in a week. The discomfort in his chest resolved after 2 weeks. The Pursuer did not have to take any time off work, although he felt discomfort while driving. The Pursuer attended his GP a week after the accident complaining of pain and stiffness in his neck and upper back. He continued to experience this pain for 4-5 weeks after the accident, although his symptoms resolved fully 3 months after the accident. The Pursuer had to take painkillers for about a month after the accident. He was anxious and hyper vigilant when driving, although did not seek any medical treatment or assistance in relation to this. The Pursuer was unable to pursue his hobbies of playing bowls and pheasant shooting for about a month after the accident. The Sheriff awarded the sum of £1,600 as Solatium, all of which was allocated to the past, with interest at half the judicial rate from the date of the accident until four months after that date and, thereafter, at the full judicial rate.

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