Road crash victim awarded nearly $20,000
Nearly $20,000 has been awarded by the Supreme Court to a local man injured in a road traffic accident almost three years ago.
Dennis A.K. Outerbridge sued Earlston Robinson after an accident on May 16, 1997 in which he suffered neck injuries, a broken rib, wrist, and ankle.
Chief Justice Austin Ward awarded Mr. Outerbridge $15,000 in general damages and $4,200.69 in special damages for his pain, suffering and loss of amenities.
Interest has also been awarded in Mr. Outerbridge's favour, having been calculated from the day the writ was filed, December 1, 1998.
Lawyer Victoria Pearman of Juris Law Chambers represented Mr. Outerbridge and John Cooper of Cox, Hallett, Wilkinson represented Mr. Robinson.
Mr. Ward found Mr. Outerbridge was rounding a left hand bend on Lagoon Park Road, Sandys Parish, at around 1.30 p.m. when he met a bus obstructing most of the road.
He collided with the bus "through no fault of his own'' as it was impossible for him to pass safely.
Mr. Ward found he suffered "serious'' injuries.
Away from his job as an engine driver for Marine and Ports for 11 weeks, he also complained of severe back pain and coughed up blood.
The provider for his seven-year-old daughter, Mr. Outerbridge claimed $1,580 for housekeeping and babysitting expenses for the time he was injured.
Now promoted to pilot he continues to work, but according to chiropractor Neil Bernius, he would have permanent injuries.
"Dr. Bernius found that the inherent resilience of the paraspinal muscles and ligaments had been permanently compromised,'' Mr. Justice Ward wrote.
"And there was a permanent weakness in the spine and he felt that it was likely that pain spasms would continue for an indefinite period when the patient was doing things such as lifting weight or climbing stairs.'' King Edward VII Memorial Hospital surgeon Joseph Froncioni confirmed for the court that while Mr. Outerbridge may not have originally felt the effects of whiplash and other neck pains as a result of the crash, there was a ten percent risk of osteoarthritis.