LAURA JANE BLAIR (MINOR) -V- MERVYN ROY PERRY

Ballymena District Judge Court (quantum only hearing)
6th March 2002
District Judge Keegan

This claim arose out of a road traffic accident on the 4th January 2001. At the time of the accident the Plaintiff was 14½ years. She was a rear seat belted passenger and sustained an injury to her head when she was thrown forward and struck her head on the back of the front seat.

A medical report of a Consultant Surgeon 9½ weeks post-accident confirmed that she had some aches and pains for 1 week post-accident and headaches for some days. It also confirmed that she had altered sleep patterns for some weeks post-accident. A further medical report from the same expert 7 months post-accident noted that she still complained of aches and pains and had had occasional headaches.

A negotiated settlement in the sum of £2,000 was put up for Court approval on the 14th December 2001 at Coleraine Courthouse in front of District Judge Collins. The District Judge refused to approve the sum and indicated that she would not approve a sum lower than £3,500. We indicated that they were unwilling to go to this figure given the relatively minor symptoms sustained by the Plaintiff. We then applied for the case to be adjourned and re-listed before another District Judge.

The adjourned hearing took place on the 6th March 2002 in front of District Judge Keegan. In the interim period the Plaintiff's served a further medical report from a Consultant Psychiatrist which confirmed that she suffered physical symptoms for a maximum of 2 - 3 weeks after the accident and that she did not lose any time from school. It noted that she was nervous in a car, but that she wished to obtain her driving license and her nervousness did not prevent her from travelling as a passenger with her mother.

Under cross-examination, the Plaintiff agreed that her symptoms lasted for no longer than 2 - 3 weeks.

A decree of £2,000.00 was awarded. The District Judge noted that this was a frightening accident, but that on the basis of the first report 9½ weeks post-accident, all symptoms appear to have resolve to a large extent 2 - 3 weeks after the accident.