E v DUNN (2016), 2016 WL 11573248 (2016)

For educational use only

E v DUNN (2016)
Lawtel: This Quantum Report was provided courtesy of Yuvina Yeeranah of Stephensons Solicitors LLP, solicitors for
the claimant.

Date of Award/Settlement
7 June 2016

PSLA Damages
£3,000 (£3,368.30 RPI)

Total Damages
£3,857 (£4,330.51 RPI)

Kemp Classification
F Spine and ribs

Kemp Sub-classification
F1 Neck: whiplash injury: no previous condition

Award Type
Out of Court Settlement

Court
Court not applicable

Age at Injury
63

Age at Award/Settlement
64

Gender
Male

Occupation
Bus driver

Legal Representative
Stephensons Solicitors LLP for the claimant.
The claimant, a 64-year-old man, received £3,857 for the soft tissue injuries to his neck and left
side shoulder he sustained in a road traffic accident in July 2015. His symptoms were expected to
resolve fully within 10 months of the accident.

Total injury duration: 10 months

Road Traffic: On 10th July 2015 the Claimant (C) was driving a bus in the course of his
employment and was stationary at a bus stop to allow passengers to disembark when the Defendant
(D) collided with the rear of the bus. C was jolted backwards and forwards as a result of the impact.

© 2021 Thomson Reuters. 1

E v DUNN (2016), 2016 WL 11573248 (2016)

C sustained injury and brought an action against D alleging that he negligently drove into the rear
of his vehicle.

Liability admitted.

C sustained soft tissue injuries to his neck and the left side of his shoulder.

The symptoms to his neck and shoulder presented themselves immediately and the pain was
described as severe. C took pain killers to manage the pain and required five sessions of
physiotherapy.

C was unable to carry out domestic chores for two weeks and then was restricted for a period of
four weeks before returning to his pre-accident state. He was absent from work for three weeks
and he was subsequently restricted in his work activities for a further three weeks.

C was unable to continue his usual hobby of gardening for a period of one month immediately
following the accident, after which he was restricted in this activity for a further two weeks before
returning to his pre-accident state.

C's neck and shoulder symptoms had not resolved by the time of his medical examination some
seven months after the accident. His symptoms were expected to resolve fully by 10 months of
the accident.

C also suffered from moderate travel anxiety. His symptoms were expected to resolve fully by six
months from the date of the accident.

Out of Court Settlement: £3,857 total damages

Breakdown of General Damages: Pain, suffering and loss of amenity: £3,000.

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

Breakdown of Special Damages: £857.

© 2021 Thomson Reuters. 2