Westlaw Delivery Summary Report for ANDREWS,SHATARAH Your Search: Date/Time of Request: Client Identifier: Database: Citation Text:

Lines: Documents: Images: TI(fraser & southampton) Friday, April 20, 2012 16:46 Eastern TWEN-CLIENT UK-CASELOC 1994 WL 1061422 61 1 0

The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates.

1994 WL 1061422 [1995] C.L.Y. 1683 [1995] C.L.Y. 1683

Page 1

2012 Sweet & Maxwell Fraser v Southampton City Council Also known as: County Court (Southampton) 15 November 1994 Case Analysis Where Reported [1995] C.L.Y. 1683; Case Digest Subject: Personal injury Keywords: Children, Facial scarring, Jaw, Measure of damages, Personal injury, Teeth Catchphrases: Personal injuries or death, quantum Abstract: P, an infant female, aged seven at the date of the accident and 11 at the date of the trial, was playing on her push bike near her home when the front wheel of her bicycle caught in a concrete rut and she fell from the bicycle sustaining a fracture of her jaw, a cut to her chin, a cut to the lower lip and the fracture of four front teeth. Liability was not in dispute and the court were requested to approve a settlement reached with the defendants. P sustained a fracture of the right mandibular condylar (jaw joint) with significant displacement of the condylar head. The plaintiff further sustained a fracture of the left mandibular condylar/ascending ramus. She sustained a full laceration to the chin measuring approximately 3cm; a full thickness laceration of the mucosa of the right lower lip, 5mm in length, a result of her upper teeth becoming imbedded in her lower lip; fractures of the upper central incisors; involving the nerve; and fractures of the upper right and upper left lateral incisors which involved only the enamel of those teeth. The laceration to P's chin was thoroughly explored and sutured under local anaesthetic. As a result of her jaw fractures she was unable to bring her teeth into normal occlusion (normal bite). A soft diet was recommended. The laceration of P's lower lip was not sutured. The injury to P's jaw was reviewed regularly and she received extensive dental surgery. A year or so after the accident she reported occasional pain over the fracture site of her jaw injuries. The scar injury was apparent although not of such significance for surgical intervention. P continued to experience a lump on her lower lip as a result of the bite by her teeth. The scar on her chin measured 2cm and was visible to the casual observer. The fracture of the jaw resolved satisfactorily but it was recommended there be regular reviews as the fracture site involved "a growth centre". The likelihood of P developing degenerative joint disease in her jaw was in the region of 10 to 20 per cent She underwent an extensive programme of dental treatment as both upper incisal teeth were dead as a result of trauma and root development had stopped. Treatment choices were either complete extraction and replacement or an attempt to root fill and close. The latter option was followed. The procedure required a number of visits over many months. Treatment was undertaken under local anaesthetic where both upper central incisur-

2012 Thomson Reuters.

1994 WL 1061422 [1995] C.L.Y. 1683 [1995] C.L.Y. 1683

Page 2

al teeth were opened fully and a filling of the root canals commenced. Canals were washed, dried and filled with hypocal. This process was continued until the successful closure of open ends of the roots with a calcific dentine-like material achieved from the whole of the hollow internal passageways inside the tooth roots were sealed up using a gutta percha and a sealants. The teeth should now be secure (66 per cent over 10 years) although it was never possible to predict which would fail. Further treatment of the teeth would be to restore their appearance using bonded composite filling material. There was no scope for crowns since the existing teeth and roots were but shells and would not really permit that type of restoration. Treatment had been delayed due to chronic infections in both upper and central incisural teeth and the plaintiff's own reluctance to attend the dentist. General Damages: GBP 7,000. Judges: Deputy District Judge Collins Appellate History Related Cases Significant Cases Cited Cases Citing This Case Journal Articles END OF DOCUMENT

2012 Thomson Reuters.