Pollock v Westall ? Jedburgh Sheriff Court, 16 July 2010

The Pursuer raised an action of damages following a road accident in December 2008. She was 23 years old at the time of the accident and 25 at the date of proof. Liability was admitted but there was a dispute over quantum.The Pursuer suffered a soft tissue injury to her lower back as a result of the accident. She had suffered chronic pre existing back pain for about 7 years before the accident. This had caused her difficulties on a daily basis and she took anti-inflammatory medication. Her pre-existing back pain was exacerbated by the injury she suffered in the accident. She experienced pain across the bottom of her back and up her spine. She saw her GP and was prescribed pain killers. She was later referred for physiotherapy, which helped to ease the pain but had to stop this treatment when she became pregnant. About 6 months after the accident the Pursuer continued to suffer intermittent lower back pain every day, which was made worse by certain movements. She had made a full recovery to her pre accident condition 9 months after the accident. The Pursuer suffered mild anxiety and hyper vigilance when driving and still experienced those symptoms about 18 months following the accident. The Pursuer needed help with domestic chores for about 2 to 3 weeks after the accident. Following the Proof, the Pursuer argued that solatium was worth £3,500. The Defender placed a value of £2,000 on solatium. Having considered the evidence and a number of authorities referred to by the parties, the Sheriff awarded £2,750 as solatium, with interest at 4% a year from the date of the accident until decree and at 8% until payment.