||All England Reporter
|| All ER (D) 226 (Dec)
||Court of Appeal, Civil Division
Tuckey, Lawrence Collins and Rimer LJJ
||Ralph Lewis QC and Graham Cliff (instructed by Thompsons Solicitors) for the claimant.
||Martin Porter QC and Niazi Fetto (instructed by Browne Jacobson) for the local authority.
||14 December 2007
Negligence - Damages - Loss of earnings - Claimant involved in accident at work rendering her incapable of continuing employment as carer - Alternative temporary employment found - Claimant involved in road traffic accident - Judge awarding claimant for loss of future sick pay and earnings - Whether judge erring.
Where the claimant had aggravated a pre-existing degenerative condition in her lumbar spine in an accident at work which rendered her incapable of continuing to work as a carer, but had been temporarily employed as a seamstress, and had subsequently aggravated that injury in a road traffic accident, the judge had erred in awarding her the sum of 19,452 on the basis of 'loss of future sick pay and earnings as a seamstress'. During the relevant period, she had not lost any money as a result of the first accident; any lost earnings during that period had been due to the second accident.
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