MICHAEL GWILLIAM v KALLY (2016), 2016 WL 11569211 (2016)

For educational use only

MICHAEL GWILLIAM v KALLY (2016)
Kemp/Lawtel: This Quantum Report was provided courtesy of Laura Hibberd of 9 Gough Square, counsel for the
claimant.

Date of Award/Settlement
13 April 2016

PSLA Damages
£3,600 (£4,068.25 RPI)

Total Damages
£4,025 (£4,548.53 RPI)

Kemp Classification
F Spine and ribs

Kemp Sub-classification
F9 Back and neck: whiplash injury: no previous condition

Award Type
Court Award

Judge
DJ Trent

Court
County Court (Leeds)

Age at Injury
62

Age at Award/Settlement
63

Gender
Male

Legal Representative
Laura Hibberd instructed by Wheelers LLP (Aldershot) for the claimant. QBE Insurance for the defendant.
The claimant, a 63-year-old man, received £4,025 for the injuries he sustained to his neck and
lower back in a road traffic accident in January 2015. He suffered pain in his neck and lower back
for 12 months and travel anxiety which resolved after 12 weeks.

Most significant injury: Whiplash type injury to neck and lower back. travel anxiety.

Extent of injury: Travel anxiety resolved within 12 weeks. Pain to neck and lower back initially
severe and moderate on examination at five months. Prognosis that neck and back symptoms would
resolve by 12 months.

© 2021 Thomson Reuters. 1

MICHAEL GWILLIAM v KALLY (2016), 2016 WL 11569211 (2016)

Total injury duration: 12 months

G, male, a truck driver, aged 62 at the date of the road traffic accident and 63 at the date of the
hearing, was injured when his car, which was stationary at a set of traffic lights, was hit to the
rear by another vehicle in January 2015. G was jolted backwards and forwards by the impact.
He left the vehicle unaided. He did not seek medical attention but took painkillers regularly for
six weeks afterwards and thereafter as required. He experienced shock for four days and pain to
his neck and lower back which was severe at onset and moderate by the time he was medically
examined five months after the accident. On that examination, his movement was 90 to 99%
of normal and appeared to cause pain and muscle spasms in the neck and lower back. G also
experienced travel anxiety, especially when other vehicles appeared to be close to him. That was
initially moderate and had resolved by 12 weeks after the accident. G's sleeping, personal care,
social life and walking were initially severely restricted, and were moderately restricted at the time
of the medical examination. As a truck driver, G found long journeys difficult. It was recommended
that G undertake eight sessions of physiotherapy. G had six sessions before being discharged. The
prognosis was that his neck and lower back injuries would resolve by 12 months after the accident.

Simmons v Castle [2012] EWCA Civ 1288, [2013] 1 W.L.R. 1239 10 per cent uplift: applied.

General Damages: £3,600. Physiotherapy: £415. Total Damages: £4,025.

© 2021 Thomson Reuters. 2