ROBERT JOHN NOBEL -v- J C MILLIGAN T/A MILLIGAN BROTHERS

Strabane County Court
4 October 2001
His Honour Judge Finnegan Civil Bill - £15,000

This quantum only case ran before Judge Finnegan on 4 October 2001.

Of relevance, is that the Plaintiff's solicitors failed to remove the action from the County Court to the High Court, in respect of which costs were awarded to the Defendant.

Prior to the hearing the Defendants agreed the Plaintiff's medical report but the Plaintiffs did not agree the Defendant's reports, and Mr Dane FRCS attended the hearing. Special damages were agreed at £300.

The Plaintiff alleged injuries to his neck, back and knee in a road traffic accident which occurred on 22 July 1999. He gave evidence that his neck pain was worst in the first 6-7 months, but now, 2 years after the accident, he still had the occasional spasm of pain in his neck. His knee had quite intense pain in the first 2-3 months and then it returned to normal. He conceded pre-existing knee problems.

His major complaint was pain in his lower back. He had had 5 or 6 pain killing injections in his hip since the accident and 4 sessions of physiotherapy.

On cross-examination, it was put to him that he had a pre-accident history of shoulder problems. Also, he had been referred to a specialist with a 6 year history of low back pain. The Plaintiff had no recollection of this. It was put to him that he had told Mr Bateson that his back had improved in August 1999.

Mr Dane gave evidence of the Plaintiff's pre-accident medical problems. He also said that, the fact that the Plaintiff had one leg shorter than the other had a much more significant part in any ongoing symptoms than the road traffic accident, as the former would have put a strain on his back.

The Judge gave a Decree in the sum of £7,500 for general damages, plus £300 special loss.