COBBY v. LONDON BOROUGH OF SOUTHWARK

November 21, 1997
HH Recorder Huskinson
Central London County Court
Damages: £60,000

Fracture of the right femur. Pre-existing asymptomatic arthritis in injured joint. Acceleration of symptoms.

Male aged 46 at date of accident tripped on a pavement and fractured the neck of his right femur.He was admitted to hospital and placed in traction. Subsequently discharged and spent a total of 12 weeks in bed. Underwent a course of physiotherapy but continued to suffer substantial pain in his right leg especially at or around the level of his right hip from which he would never fully recover. He had difficulty in walking for long distances or over rough ground. X-rays indicated that he was significantly osteoarthritic in the joint before the accident albeit he was the asymptomatic. Medical experts agreed that he would, but for the accident, have suffered gradual deterioration such that his incapacity would have reached the level caused by the accident within three and a half years.

General damages: £9000.00
Special Damages approx £51,000.00

Claimant's solicitor: Colum J Smith, McMillan Williams.