Jenna Joshi v London B E C Opinion £300 £600

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Jenna Joshi v London B E C Opinion £300 £600 Powered By Docstoc
					IN THE PROPOSED MATTER CLAIM NO. ***** BETWEEN:MISS JENNA JOSHI (A CHILD WHO SUES BY HER MOTHER AND LITIGATION FRIEND, MRS PAULA JOSHI) Claimant -andLONDON BOROUGH OF EALING COUNCIL Defendant _____________________________ ADVICE ON QUANTUM _____________________________

Introduction

1.

I am asked to advise the claimant Jenna Joshi as to the quantum of damages that she can expect to be awarded by the Court, in respect of personal injuries she sustained as the result of an accident on the 12 th October 2005.

2.

The accident occurred when the Jenna (a twelve year old schoolgirl) was walking to school and tripped over a raised section of paving stone, falling forward onto her face. Liability is not in dispute. I am obliged to those instructing me for enclosing the medical report of Dr. Hamish La Mont Reid dated 29th August 2006 which sets out the injuries suffered by the Jenna, and the treatment and prognosis.

The Injuries

3.

Jenna suffered multiple soft tissue injuries to her nose, lips and cheeks, and associated headaches. Following the accident she was admitted to the school medical room, and

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subsequently followed up at her GP. The prognosis of Dr. La Mont Reid is that the resultant swelling of the whole of the lower half of Jenna’s face resolved completely over the subsequent two week period, a week of which was spent away from school due to her acute embarrassment at her facial appearance. There is no anticipation of future deterioration resulting from the accident and she is considered to have made a full recovery.

Quantum

4.

Judicial Studies Board Guidelines: Due the nature of Jenna’s straightforward recovery from her injury, the guidelines offer little assistance here, being more concerned with fractures and more serious damage the head and facial area. More useful is the M (Minor Injuries) section of Kemp and Kemp, which appears to address injuries of a similar nature to those suffered by Jenna.

5.

K (A Minor) v Tesco Stores Ltd (1999): Seven year old boy suffered minor injuries as a result of an accident with an automatic door. His symptoms included a graze over his left eye, and nausea which lasted a day. Thereafter was he left with a bruise which resolved within a week of the accident. He was awarded £500 (£600).

6.

Godsalve (A Child) v Anvil Plant hire (2001): Baby girl involved in a road traffic accident when her car was hit from behind by another vehicle. She sustained a soft tissue injury to her head and vomited five times in the day after her accident. She made a full recovery a few days later. She received £500 (£560).

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7.

S (A Minor) v Calderdale MBC (1998), Seven year old girl sustained soft tissue injuries to her top lip, nose, hands and knees as a result of a tripping accident on a footpath. She made a full recovery and received an award of £550 (£666).

Conclusion

8.

After a consideration of Kemp and Kemp and the appropriate case law on this area, I am of the opinion that Jenna can expect to receive an award for general damages in the region of £300 - £600 subject to the Court’s discretion. Thus the matter would appear ready for settlement on this basis, and thereafter proceed to an Infant Approval hearing.

9.

Should those instructing me have any further enquiries that they wish to raise, please do not hesitate to contact me on the number below.

JAMES NAZER 16.10.2006

Direct Dial 0161 836 6322 Extension 2722

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