WORKSHOP 2

DRAFTING A CLAIM FORM AND PARTICULARS OF CLAIM

Thomas Kindle attends your office. He instructs you as follows:
My name is Thomas Kindle. I was born on August 4, 1987. I am a Policeman. I reside
at 4 Parkway Road in the jurisdiction.
On 5 March 2013 I was driving my Toyota Coralla motor car along the Kitchen Way Main
road in the parish of St Anns, when on reaching the vicinity of the Chester Hospital the
driver of motor truck bearing registration numbers and letters 45658ET suddenly drove
from the minor road on to Kitchen Way Main Road and collided into the left side of my
motor vehicle. The collision pushed my car into on to the other side of the roadway
where it collided with a pedestrian who was walking on the sidewalk. The pedestrian
was seriously injured.
I was also very seriously injured in the motor vehicle. I suffered loss of consciousness
and was unconscious for two hours. I woke up in St Annes Hospital. When I woke up I
was in immense pain. I woke up a nurse boxing me and saying A weh yuh a go?!! A
weh you a go?!! I saw a stick sticking out of my right foot. I told the nurse to remove
the stick. She told me she could not remove it as it was my bone. She told me my right
foot was fractured and that the stick I was seeing was actually my bone protruding from
my foot.
I was x-rayed, and then taken to surgery where pins and screws were inserted into my
foot. The surgery was not successful and I developed gangrene. My right foot was later
amputated at the knee.
I also suffered injury to my back and neck. The medical report that I received from the
orthopaedic surgeon at the hospital lists my injuries as head injuries with loss of
consciousness, broken right femur, back strain, whiplash injury, amputation of right foot
at knee. Permanent partial disability is assessed as being 35% of the whole person.
The medical report was prepared by Dr Dogood Solittle and is dated June 6, 2016.
In addition to the x-rays I was treated with pain killers and muscle relaxants. I also had
to do physiotherapy. I did physiotherapy 3 times per week for 6 months at $2,500.00 per
session.
The total cost of medication (including medical report) amounts to
$150,000.00. I attended outpatient clinic 2 times per week for 6 months. I did not have
to pay for those visits but I had to pay the taxi to take me there. I paid the taxi $1,000.00
for each round trip. I also incurred transportation costs of $1,000.00 for each round trip
to the physiotherapy.
I did not lose any income during the time I was injured and recovering.
I was discharged home from the hospital two months after the accident. When I went
home I had to hire someone to assist me at home. That person cooked for me and
helped me to and from the bathroom and to take care of my personal hygiene. She also
cleaned the house. I paid her $5,000.00 for week and she stayed with me for 52 weeks.

My doctor says I need prosthesis. I paid $250,000.00 for the one I am wearing now. My
doctor says that I will have to change the prosthesis every seven years.
Life has been hard since the accident. I have not been promoted since the accident
because I am not able to move about. The police force has been good to me. I was not
asked to leave but I have been put on desk duty and I pretty much am stuck there. I
only perform administrative functions and am no longer able to do duty on the road. I
enjoyed working as an undercover detective and my prospects for promotions would
have been better had I been able to take part in active police duty.
I am no longer able to play cricket and football which I loved to do. I also liked to swim
but I do not enjoy that anymore because I have to swim without my prosthesis and I feel
embarrassed with my leg stump. My girlfriend left me because she said she does not
want a stumpy foot man. Sometimes I feel depressed but I have not been to a
psychiatrist because I am not mad.
I want to sue the man who is the cause of my frustration.
Your checks at the St Anns police station indicate that the driver of the motor vehicle which
caused the accident is Phillip Stone and the owner is his father Joseph Stone both of Peasant
Village in the jurisdiction.
Draft the relevant documents to initiate the claim on your clients behalf.