SHAWN SANCHEZ

ADVICE ON QUANTUM: TERENCE BENJAMIN

The purpose of this opinion is to advise on the award that the judge is likely to arrive
at given the present situation. The facts of this case reflect that the Claimant, Terence
Benjamin (‘Terence’) suffered damages, personal injury, loss and expenses and
claims general damages for pain and suffering, loss of amenities, and resulting
physical disability. These said injuries have caused Terence to suffer loss and
expenses which has adversely affected his pecuniary position including past and
future earnings. He also claims the costs of any future medical care and expenses as
his treatment is ongoing.

Special Damages
Medical treatment
Medical treatment cost a total of $6,187.50. There is documentary evidence to support
this, which is likely to be approved by the judge.

Police Report and travelling

The cost of the police report and travelling for the same is likely to be approved by
the judge due to possession of documentary evidence under this head. A total of
$150.00 is due.

Medical expenses
There are receipts for the medical expenses mentioned which is valued at $950.00.
The judge is likely to approve the same.

Cost of travelling
Terence does not own a vehicle and therefore it is likely that the judge would award
cost for travelling, valued at $3,000.00.

Cost of corrective scar surgery

Considering that liability has already been established, it is likely that Terence would
obtain the sum of $70,000.00 for corrective scar surgery.
Loss of earnings
Terence made $6,000.00 as a tradesman and $3,000.00 as a landscaper. Given the
circumstances, the judge is likely to approve the request.

General Damages
The nature and extent of the injuries sustained
Terence's injuries, in my opinion, were primarily to his face and knee, both of which
are extremely sensitive areas of the body. Both his nose and right knee were severely
fractured as a result of the vehicle accident as he was left with scars. Terence
continued to experience pain and stiffness in his right knee due to adhesions in the
right knee joint, according to the most recent medical report, and he had yet to
achieve maximum medical improvement. He also continuously suffered from post-
concussion syndrome, after hitting his head inside the vehicle during the accident.
Terence's knee required surgery, but it was unsuccessful, and a lack of physiotherapy
only exacerbated his injuries over time. Surgery will be needed for his facial injuries,
while he was advised in the most recent report to undergo physiotherapy for six (6)
months to likely ensure maximum improvement to his right knee.

The nature and gravity of the resulting physical disability

After the car accident, Terence was unable to work since due to the injuries he
sustained which he mentioned in both medical reports dated August 13, 2020 and
January 27, 2021. The doctor failed to assess any Permanent Partial Disability (‘PPD’)
in the latter medical report. According to the medical evidence presented, Terence's
post-concussion complications, particularly his constant headaches, may still exist
today, albeit less recurring which is likely to affect his work life.

In my opinion, a limitation of the medical evidence is that the most recent medical
report was in early 2021, so Terence's current condition can only be predicted.
However, medical evidence indicates that Terence was unable to work for
approximately a year following the accident and may not be able to work for some
time due to his knee complication. Determining his PPD would have provided a
clearer picture of his future health status in this regard.
Loss of amenities suffered
The medical report dated January 19, 2021, along with a photograph of Terence after
the accident, clearly showed the grotesque aftermath of Terence's scars to his face. In
my opinion, naturally, his scars would have likely caused him humiliation as well as
low self-esteem in public.

Furthermore, according to a medical report dated February, 2021, Terrence was

unable to kneel down or ride a bicycle for exercise due to a knee issue that prevented
full flexion. Terence's knee injury would have naturally reduced his quality of life by
making it difficult for him to walk long distances, stand for long periods of time, or
climb stairs. His daily routine tasks would have been hampered, particularly within
the year after the accident.

Terence's nose laceration and fracture, in my opinion, may have had a negative impact
on his ability to smell and might be considered, particularly in the early stages of his
injury.

Pain and suffering

After ten (10) minutes of losing consciousness and experiencing amnesia, Terence
began a horrific period of pain and suffering immediately after the accident on
February 6, 2020.

According to a medical report dated June 17, 2020 from the South-West Regional
Health Authority (‘SWRHA’), Terence was diagnosed with a swollen right knee on
the date of the vehicle accident that was extremely painful, as well as an anterior
superficial abrasion along with a decreased range of motion. This was the result of a
right lateral tibial plateau fracture with a depressed segment. Terence's right knee was
lacerated and fractured causing excruciating pain from February 6, 2020 to February
17, 2020, which was alleviated by the use of a splint; however, the doctors were only
able to perform knee surgery after the swelling had settled enough, though not
completely.

The surgery was performed on February 17, 2020, and included surgical fixation with
a peri-articular locking plate and screws, as well as a supplemental bone graft, which
was uneventful. This would have made the subsequent surgical pain more unbearable.
At the time, he was discharged and left with a prescription for analgesia using
crutches non-weight bearing on his right leg. Terence suffered from tenderness at the
L5/S1 region and lumbrosacral spine with slight pains at extremes of movements only.

Terence’s leg was put in a cast which was left on until April, 2020. In the aforesaid
medical report from SWRHA and in the middle part of June, 2020, Terrance was able
to walk without crutches, but still had a restricted motion of his right knee. Terrence
was likely expected to see maximum improvement in a few months if he began
physiotherapy to improve his motion and pain, but this was cut short by the covid
pandemic.

Terence's nose was fractured and lacerated, causing unbearable pain, so sutures were
applied. On the day of the accident, he was injured by glass fragments therefore
resulting in lacerations on his right forehead, bleeding, as well as a nasal laceration.
Terence complained of post-concussion syndrome, which caused headaches that were
exacerbated by marijuana use, according to a medical report dated August 13, 2020.
This was not the case before the accident. Furthermore, he complained of headaches
that occurred once to twice a week, last about ten (10) minutes, are mild in intensity
and more in the frontal area, and are dull and consistent. .

In my opinion, the medical report dated January 19, 2021, revealed that Terence's
scars on his face had fully matured and that there would be no further significant
spontaneous improvement, thereby implying that the pain associated with such had
subsided after about one (1) year since the accident.

Extent to which the claimant’s pecuniary prospects have been materially affected
Based on the medical evidence, Terence may be unable to work at an acceptable level
again. Terence's work came to an abrupt halt following the accident, particularly due
to his knee injury, as his job as a tradesman and landscaper requires a high level of
mobility. He complained of headaches in recent medical reports, so post-concussion
syndrome may be considered. Given Terence's likely disadvantage in the job market
in terms of his future employment, the multiplier/multiplicand method may be more
appropriate.
Comparators
Three (3) cases would be used to estimate the range of general damages for pain and
suffering and loss of amenities. In my opinion, a range of $200,000.00 - $240,000.00
should be used to calculate such an award.

In Nichola Rodriguez v Ansa Finance Merchant Bank Limited & Ors CV 2008-03048,
the claimant suffered a knee injury referred to as a maltracking patella that required
reconstructive surgery, cerebal concussion, soft tissue injuries, pain and bleeding from
parietal scalp and tenderness on the right knee and both hips but no fractures, and
intermittent back pain. She was awarded $185,000.00 on 28th March, 2012. In my
opinion, Terence’s pain and suffering, as well as loss of amenities were greater than
the Nichola case.

To reiterate the $200,000.00 benchmark, in the case of Lawrence v Vernon HCA 1170
of 1973, the award for an injured knee was $9,000.00; as adjusted to December, 2010
to $192,055.00.

In Ali v Hansranah HCA 1483/76, the award, adjusted to December 2010, was
$223,592.00 for a plaintiff who suffered a laceration to the forehead, bruises to the
left knee and ankle, and X-rays revealed a dislocation between the 5th and 6th
cervical vertebrae. There was no movement in his left lower limb and a lack of pin
prick sensation on his right side.

In my analysis, I believe the Nichola case shares some similarities, such as a cerebral
concussion, knee surgery, and cerebral concussion. However, in this case, the facial
lacerations and fracture to Terence's nose are likely to increase the assessment. It is
also clear from the Lawrence case that an injured knee would result in an award of
around $200,000.00, but Terence was also seriously injured on his face.

Finally, in the Ali case, it was discovered that there was a laceration to the forehead or
face, which is somewhat similar to the current situation, an injury to the knee, though
less severe, and dislocation of the cervical vertebrae, which is more serious than
Terence's condition. Terence's knee and face were more severely injured than in Ali,
which may balance out the cervical vertebrae injury. The award was higher in that
case but somewhat close to the average knee injury.

As a result, the current case may fall between the first two (2) cases and the last
mentioned above. Based on the Capital Retail Price Index, the judge may likely award
general damages at an estimated total of $220,000.00.

Future earnings
Terence's injuries, particularly to his right knee, would place him at a significant
disadvantage given the manual nature of his job. In Jonathan Garcia v Brian Cabral
& Ors CV2012-04611, a multiplier of ten (10) was applied. The claimant in this case
was twenty-nine (29) years old and required future surgery to alleviate his medical
conditions. The multiplier in this case was reduced because the claimant lacked
evidence of likely retraining or academic qualifications, as well as the fact that his
handicap was only partial.

Furthermore, in Wayne Wills v Unilever Caribbean Limited Civil Appeal No. 56 of

2009, the claimant was thirty-three (33) years old when the injury occurred. He was
also a manual laborer. In this case, it was also stated that a manual labourer would
normally be able to work for at least sixty (65), but in the case, the age limit used was
sixty (60) years. The multiplier used in that case was twelve (12).

In my opinion, both of these cases have some similarities with the current case, such
as their age, the likelihood of retraining, and, in Wills' case, the similar nature of the
job that Terence does. On the other hand, in the Garcia case, even though the claimant
was younger, the nature of his handicap was less severe than in the current case. As a
result, I believe the judge may likely choose a multiplier of eleven (11). Terence’s
annual salary is $108,000.00 multiplied by 11 equals $1,188,000.00

Future medical expenses

According to the medical report dated January 19, 2021, scarring can only be
improved through corrective surgery. The surgery would result in the removal of
foreign bodies, correction of deformities, and a 50% - 60% reduction in the area of
scarring, with the remaining scars being permanent but of higher quality and less
visible. Given the circumstances, I believe the judge will award the cost of corrective
surgery. It is also possible that Terence will require medication after surgery.

In terms of physiotherapy for Terence's knee, while a PPD was not determined,
Rasheed U. Adam stated in his medical report dated January 27, 2021, that he
assumed a PPD percentage was to be done and wanted to review his medical report
and x-rays for the same, implying that Terence's injuries may have resulted in a PPD.

Past pecuniary loss

Terence incurred out-of-pocket expenses of $2,500.00 per month for domestic nursing
assistance, as well as costs incurred from medical treatment and expenses. He also
lost a total of $9,000.00 per month in earnings as a tradesman and landscaper after the
accident.

Interest
The court’s discretion governs the amount of interest granted, whereby 2.5% for
general damages and 1.5% for special damages may be sought after.

Conclusion
As the most recent medical report was in 2021, I believe there is some uncertainty
about whether Terence's knee injury is currently causing major or growing
complications. Terence's pain and suffering, on the other hand, appeared to be horrific
and should be adequately assessed.