Schofield J
```markdown # IN THE GRAND COURT OF THE CAYMAN ISLANDS ## C. 32 TOWN, GRAND CAYMAN ### CAUSE N. G791 --- ## JAMES MARTIN AND SYLVESTER SHECKLES **v.** ROBERT HAMMER --- ### Mr. Murd for the Plaintiff ### Mr. J. L. for the Defendant --- ### Schofied on 1 Robt 1990 The Plaintiff, a 33-year-old Austrian, was employed as a waiter at the "Wharf" restaurant in George Town on a gainful occupation which was due to expire in October 1990. On 5th April plain, he was knocked off the motor cycle he was riding and sustained a fracture to his left kneecap and lacerated and contused wounds to the forehead, chin, and upper lip. The question of liability in this suit has been settled between the parties. The issue left to determine is the question of damages. --- ### The Defendant's Kneecap was shattered and a complete patella expert (removal of the kneecap) was performed with reconstruction of the quadriceps and patellar tendons. A plaster cast was in place. There were no bony injuries to the head and the lacerations to the face were sutured. The Plaintiff remained at George Town Hospital until 26th April, 1990, when he was discharged on crutches. He travelled home to Austria on 3rd May, 1990. --- ### Aera medical report was admitted from Dr. Gert Glasser. When the plaster cast was removed on 18th May, 1990, it was recommended that the Plaintiff stay in hospital as an in-patient. ```
```markdown # Medical Report Transcription ## Patient Information - **Condition**: High-grade muscular atrophy and inflexibility of the quadriceps. - **Hospital Stay**: Stayed in hospital for 3 days and after stationary treatment. ## Assessment - **Initial Weakness**: The injury to the knee has initially weakened the muscles of the left leg. - **Exercise Program**: Exercises carried out on strengthening of the muscles are expected to lead to slight weakness of the left thigh, which will remain. - **Current Status**: At present, there is a 10-degree restriction in the flexion of the left knee, but this can be cured completely if adequate flexion exercises are carried out. - **Patellar Issues**: Small home regenerates of patellar squash are not expected to grow, but if any of them do, they will be removed surgically. ## Testimony - **Physical Activities**: The patient testified that he used to ski, play soccer, ride horses, and participate in mature activities, but no longer does so. He now cycles and swims a lot. - **Facial Scars**: The trial described scars on the face as not repulsive or disgusting. When the scars mature, a corrective plastisery operation is indicated. The cost of that operation is estimated to be between A$50,000 and A$60,000 (US$38,175 to US$45,813). ## Professional Considerations - **Plaintiff's Testimony**: The plaintiff testified that, having regard to his profession, which he deals with members of the public, he considered a corrective operation. ## Financial Details - **Agreed Settlement**: The plaintiff's evidence is that Dr. Glasser agreed to a settlement of A$376,100. The plaintiff said he left work in July 1990, and this is borne out by his medical report. The plaintiff said he started work on the 3rd of July, but he only lasted 13 days and had to stop. He worked for 45 days. ```
```markdown # Court of Appeal of the Cayman Islands ## Judgment ### Case Summary In the case of **Hotel Restaurant v. Plaintiff**, the defense counsel raised several points regarding the plaintiff's claim. The defense argued that there was insufficient medical evidence to support the plaintiff's claim of substantial weakness in the muscles of the left leg, as reported by Dr. Glaser in his report dated 12th March 1991. The defense further contended that the plaintiff was fit to work from 2nd July 1990 onwards. ### Medical Evidence Dr. Glaser's report, dated 12th March 1991, stated that the plaintiff had substantial weakness in the muscles of the left leg, resulting in restricted movement of the knee. However, the defense counsel argued that the plaintiff was not a malingeringer and was honest in his testimony. Despite this, the defense maintained that the plaintiff could have worked until the end of the high season at the "Wharf" restaurant, earning approximately US$600 per week from April to October 1990. ### Plaintiff's Testimony The plaintiff admitted that he could not work until the end of the high season at the "Wharf" restaurant. However, he testified that he would have earned less during the summer months, specifically US$600 per week. The defense argued that there was no evidence to support this claim. ### Damages Awarded The court awarded damages for the loss of earnings from the date of the injury until the end of October 1990. The court calculated the damages as follows: - **Earnings during the high season (April to October 1990):** US$600 per week - **Earnings during the summer months (July 1990):** US$600 per week The total damages awarded were US$16,800, less US$1,000, totaling US$15,800. ### Further Considerations The court also considered the possibility of the plaintiff undergoing further plastic surgery to his face. The highest estimate of the cost of such surgery was US$48,910. The court noted that there was a remote possibility of the plaintiff requiring further surgery to his knee. The court considered the highest figure given for surgery to the face and awarded damages accordingly. ### Conclusion The court awarded the plaintiff damages for the loss of earnings and the remote possibility of further surgery. The court also referred to numerous authorities on general damage, including the English treatise by Kemp and Kemp, *The Quantum of Damages* (1990). These authorities were taken only as guidelines and pointers to the kind of awards that can be made in this jurisdiction. --- **Judgment:** The plaintiff is awarded US$15,800 in damages. **Date:** 12th March 1991 ```
```markdown # Consideration of Damages
The consideration of damages in Cayman is not the same as in England. Different Jamaican authorities cited by defense counsel cannot be relevant to this jurisdiction. These able young men suffered considerable pain for a short period of time and who has undergone further severe disruption to his life. He has to undergo further compensation by his counsel that an award he given. ### Substantial Thorough Care of the Plaintiff The plaintiff's mother, who has had to undertake thorough care of the plaintiff since his return to Australia, is authority that such family home care should be remunerated. But I am not prepared to apply strict commercial financial considerations to this aspect of the award. Although I do not consider that the plaintiff's mother did look after the plaintiff's health future is exceptional circumstances. There is no suggestion that she had to give up her employment or that she was acting out of other than normal concern. The young man had flown the nest and his mother's care for a short period to recover his health. I consider I should make some award, which the plaintiff is entitled to a pass on to his mother, but it should be a nominal award. A claim was made for an award for possible future care, but there is no evidence that such care will be necessary. ### Overall Damages d. Overall the overall injuries and doing the best I can in the circumstances I award for pain, suffering and loss of amenity $55,000. I add to that amount US$48,810 for the cost of medical care and a further $1,000 for the plaintiff's home care. ### Special Damages Special damages are assessed at US$19,555. Interest will follow the award. CGAR ``` ### Signature and Seal The document is signed and sealed with the following: - **Signature**: [Illegible signature] - **Seal**: "COURT OF JUSTICE OF THE CAYMAN ISLANDS" The total assessed damages are: - Pain, suffering, and loss of amenity: $55,000 - Medical care: US$48,810 - Home care: $1,000 - Special damages: US$19,555 Total: $124,365 Interest will follow the award.