Heath v Jordan

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Husbands, P.J.
• Judgment Date: 19 May 1983
• Neutral Citation: BB 1983 HC 40
• Docket Number: No. 129 of 1981
• Date: 19 May 1983

High Court

Husbands,.J.

No. 129 of 1981

Heath

and

Jordan

Appearances:

Mr. C.W.P. Chenery for the plaintiff.

Mr. A.P. Shepherd for the defendant.

Damages - Personal injury — Cervical neuromyopathy

Husbands, P.J.

1 On 16th February 1977 the plaintiff, a Canadian visitor, was travelling by taxi to the Airport. On the way her taxi was involved in an accident. It collided with a car driven by the defendant. The plaintiff was injured and brings this action against the defendant. She claims that the collision was caused by the defendant's negligent driving and seeks damages. The defendant admits liability and agrees the special damages claimed. The only issue between the parties is the quantum of damages that should be awarded for pain suffering and loss of amenities.

2 The plaintiff was 63 years old at the time. She was seated at the back of the taxi. On impact she was thrown violently. She was momentarily dazed and on recovery discovered that her left shin was cut and her head and neck hurt. She was taken by another car to the Airport where the injured leg was bandaged. She continued her journey by air to Edmonton, Canada and on arrival was seen and examined by a medical doctor, Dr. Fang. Her leg was then swollen and painful.

3 She returned to work and on 22nd February consulted a Chiropractor, Ross Pinder. On the 23rd February she again consulted Dr. Fang to whom she complained of neck and head pains, faulty memory and blurred vision. The Doctor described these as symptoms of cervical neuromyopathy, that is to say “the disturbance of nerves and muscles of the neck region commonly seen in patients with neck injury sprain in whiplash in its acute form and neck arthritis as its chronic form.” The chiropractor Ross Pinder who incidentally prior to the accident, had treated the plaintiff for low back and cervical pain had this to say in his report dated July 18th 1977 which reads in part as follows –

“Mrs. Heath's progress had been extremely slow as of her last visit on March 18th, 1977. This can be explained by the patient's age, chronicity of pre-existing cervical condition and by the fact that soft tissue damage, as Mrs. Heath had, is usually more serious than bone injury. Bone heals with calcium, which is one of the substances of bone, whereas soft tissue heals with fibrous or scar tissue. The latter is different than the original soft tissue and lacks the elasticity and viability of the original tissue. Bone tissue may be actually stronger after the healing process has taken effect, whereas scar tissue is usually weaker after repair. Every time there is movement in the neck, there may be pain, because of the alien tissue, i.e. scar tissue, which has replaced or reinforced the strain or tear in the ligaments or muscles.”

4 In April 1977 the plaintiff again consulted Dr. Fang about headaches and pain in her right shoulder and arm and in May, complained to him of being unable to lift her right arm. At this time too on her Doctor's advice she took 3 months leave of absence from work because of her neck pains, memory lapses and impatience with persons in her office. Doctor Fang advised her to rest and wear a cervical collar “to support her head and alleviate the tension of neck muscles.” Dr. Fang's report indicated that in June 1977 the plaintiff complained of the occasional headache and some soreness in the right arm which she could raise more extensively. There was no complaint of neck pains. Like the chiropractor Dr. Fang had also treated the plaintiff before the accident. Dr. Fang says that in April 1976 the plaintiff “had a mild cervical neuromyopathy which lasted for 4 days due to her cervical osteoarthritis. This time her episode of cervical neuromyopathy is precipitated from the taxi accident and more extent and will take much longer time and care to subside.”

5 The plaintiff says that in June 1977 she was still being troubled by headaches and dizziness and began to feel that she might not be able to continue in employment. This worried and made her nervous because she was her only support. She consulted a Dr. Chiu in June, July and September 1977. Dr. Chiu records...