Brent McDonald investigates a defendant’s liability for injuries sustained by a claimant in a subsequent incident
In Dalling v RJ Heale & Co [2011] EWCA Civ 365, [2011] All ER (D) 54 (Apr) the Court of Appeal was asked to determine whether the defendant was liable for injuries suffered in accidents that occurred three years apart.
Following on from Corr v IBC Vehicles [2008] 1 AC 884, [2008] 2 All ER 943, Dalling is a further appellate case dealing with the difficult question of the point at which a claimant can no longer recover for the ongoing consequences of a defendant’s tort.
Facts of Dalling
On 4 March 2005, the claimant suffered a severe head injury while working for the defendant. The head injury included an extensive right petrous bone fracture and extensive frontal contusions leading to brain swelling.
Surprisingly the claimant suffered no significant cognitive or intellectual deficit, but was left with executive dysfunction. This led to poor concentration, short attention span, impaired memory, some loss of emotional control, variation of mood, fatigue,
