Military Accident Case Success Stories

MARCUS MCNULTY -V- MINISTRY OF DEFENCE

The Claimant, Marcus McNulty, was born on 15th July 1980 and was a Private in the Army when he was catastrophically injured during the course of his service with the King Regiment on 4th September 2002 aged 22 years. 

He was engaged in exercise "Iron Anvil" at the British Army Training Unit, Suffield, Canada.  He was driving a Wolf Land Rover and was at the rear of a company packet driving alone as the convoy moved west.   The exercise was a night exercise. 

Having arrived at the assigned position the Claimant was instructed by a Sergeant to move the land rover onto a parallel track as the Claimant's vehicle had been experiencing difficulties both in keeping up with the Warrior vehicles in front and negotiating the tracks left by them.

Having reached a check point the Claimant was directed to continue along the parallel track.  That track veered in an easterly direction so that the Claimant lost sight of and became separated from the convoy.

Following a number of radio transmissions between the Claimant and his Sergeant and Major the Claimant was instructed to turn around and travel back along the track to join up with the rest of the convoy.  He was ordered not to use headlights as this would highlight his position to the "enemy". He became lost, he did not have a GPS or any other device or assistance to enable him to regain position.   He had been left behind by the remainder of the convoy.   He attempted to follow the orders he had been given.   Without night vision and in addition the land rover windscreen wipers failing the Claimant had to constantly stop to wipe mud and debris from the front windscreen.

During his attempts to find his way and rejoin the convoy as instructed the Claimant felt the front wheels of the land rover begin to lose grip and veer towards the left hand edge of the track.   The Claimant could not regain control of the vehicle and it overturned causing him catastrophic injury.

The Claimant suffered a fracture dislocation of T5 and T6 managed by open reduction internal fixation from T2 to T9.   He now has T4 motor and sensory complete paraplegia.   A rightsided pneumothorax and minor rib fractures and a minor head injury from which he recovered completely.   The Claimant was left with substantial pain at the level of his injury and required refusion of the spine.   He developed severe infection in his right testis which resolved but only with destruction of the testis.   His right hand was prone to shaking.   He lacks abdominal and paraspinal muscle control so that his truncal balance is poor.   He suffers severe spasms.  He lacks sensation from the control of his bladder, bowels and sexual organs.    His overall risk of syrinx formation is 15%.   He required care and attention, specialist treatment, adapted housing, appropriate aids and equipment, physiotherapy and other therapies, fertility treatment and regular follow-up reviews provided on a private basis.  It was inferred that the Claimant may manage some employment, possibly until his mid-40s but even if he does he will be grossly disadvantaged on the open labour market.   His life expectancy was reduced to age 75 and these were catastrophic injuries of the utmost severity.

During the course of the case and after Judgment had been entered the Claimant requested an interim payment of £459,187.14 to facilitate the purchase and adaptation of a property suitable for the Claimant's accommodation needs.   The Claimant will be wheelchair bound and will require life long care.  

The Claimant's preliminary schedule of loss, at the time of the interim payment application, indicated the Claimant's value of his case as it was currently quantifiable in the sum of £920,410.

Following the Claimant's discharge from hospital in February 2003 the Claimant had returned to his parents home which was a three bedroomed detached property.   Upon initial discharge from hospital he was sleeping in the dining room and being carried upstairs for a bath.   The family eventually converted the garage to provide a bedroom and ensuite shower room for the Claimant which had assisted but purely on a temporary basis.   The property remained unsuitable accommodation for the Claimant's needs.

The request for an interim payment was refused by the Defendants and an application was made for an interim payment in the Manchester District Registry.   It was argued that the sum sought was a more than reasonable proportion of the likely amount of the final Judgment, consideration was given as to whether an award of the sum sought would cause unfair prejudice "level playing field argument".   The Claimant's right to utilise interim payment for purchase of a suitably adapted accommodation was discussed, an assessment of housing needs was undertaken by the Local Authority, Bolton MBC, and it was evident that no ground floor suitable accommodation would be made available by the Local Authority.  It was also argued that it was self evident that suitable accommodation would provide increased dignity for the Claimant and greatly benefit his ongoing rehabilitation.   The interim payment is the Claimant's money and if he spends it on improving his housing position that is a matter for him.   

The Defendants argued there should be a Periodical Payment Order which would prevent the Claimant obtaining a substantial interim payment.   The Claimant argued that a PPO was not meant to prevent a Claimant from using an interim payment for perfectly reasonable needs.

It was ordered that the Defendants pay the sum of £459,187.14 to the Claimant's Solicitors by way of interim payment for the purpose of purchasing and the adaptation of a property.  Costs were allowed at £15,919.69.  The costs of the interim payment application went to detailed assessment with the costs of the detailed assessment paid by the Defendants to the Claimant of £4,087.35 plus interest at £700.00 for the interim application.  

In an attempt to narrow down issues legal representatives met on 11th September 2006 and general damages were agreed at £150,000, past losses in the sum of £160,000 including interest.   The main areas of dispute between the parties were in terms of future care and whether this would be provided by the Claimant's family or professionals and the involvement of a case manager, the equipment the Claimant required, the reasonableness of the property which the Claimant had purchased and the adaptations that had been undertaken as a result of his disabilities, the need for assistive technology, the Claimant's career prospects but for the accident and his residual earning capacity.   There were also continuing issues regarding the appropriateness of the interim payments and to which heads of damage, if any, they should apply.   The parties also differed with regard to the Claimant's life expectancy.   Mr. Gardner, Consultant Spinal Surgeon instructed by the Claimant was of the opinion the Claimant's life expectancy had been reduced to 75 years whereas the Defendants expert, Mr. Cowen, Consultant in Neurological Rehabilitation, was of the opinion his life expectancy had been reduced to 70 to 71 years.

A Counsel to Counsel settlement conference took place on 11th September 2006 and negotiations broke down with no settlement being reached, each party walked away.  

Directions were given for the matter to be listed for trial.   The case was fixed for trial between 13th to 19th November 2007.  The Claimant's Schedule of Loss to trial was as follows:-

The Claimant gave credit for payments received in the total sum of £470,000.00 plus interest at 12.049%

TOTAL                                                                                                           £3,100,048.00

Negotiations were reopened between the Claimant and Defendant Solicitors over the course of four months in an attempt to settle. Negotiated settlement was eventually achieved between the Claimant and Defendant Solicitors at £2.4million on a lump sum basis with credit given for interim payments and £18,980.39 in respect of CRU.

Settlement                                                                                                       £2,400,000.00

Solicitors for the Claimant:     Hilary Meredith, Hilary Meredith Solicitors, Wilmslow.

Counsel for Claimant:             Mr. W. Braithwaite QC and Mr. W. Waldron (now QC) Exchange Chambers, Liverpool 

Solicitors for MOD:                 Mike Brown, Berrymans Lace Mawer, Liverpool

Counsel for Defendant:          Mr. J. Rowley QC, Manchester

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£3.6 million - the highest payment ever awarded against the Ministry of Defence

$7 million - recovered on behalf of British Soldiers injuryed in a US bus crash

DM 4.5 million - for a brain-injured German student

£1.7 million - for a soldier who became a paraplegic following an accident

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