Cunningham v. Harrison

1 Q.B. 942 (1973)

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Nature of the Case

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Facts

Cunningham (P) was severely injured in a car accident. He was completely paralyzed in all four limbs of his body. P will spend the rest of his life either in bed or in a wheelchair. P was totally dependent on others for dressing, bathing, and evacuation of his bowels and partly feeding. His arms move, but he has no use of his hands. Up to the trial, all his expenses were paid by the state. His mind, eyes, ears and his tongue are as active as ever. P’s wife took care of him most of the time, but the routine was beginning to wear her out. It was too much for her, and she killed herself with an overdose of barbiturates three days before the case was to be heard. P had what could only be called a difficult personality. It would not be beneficial for anyone involved with him to put him in a group setting. The judge found that under these facts, P should be at his own home and attended by a housekeeper and a person to do nursing. The judge also found that his life expectancy was about 12 years and that P was expected to live to the age of 61 or 62. P claimed that his house was quite unsuitable for his accommodation and that it was not appropriate for him to be placed in a home for the disabled. P wanted a bungalow specially built for him and nursing attention to all his needs. P called an architect who presented a plan for such a bungalow at a cost of 28,000 pounds. P also claimed that he would need a housekeeper for 15 pounds per week and two nurses for 42 pounds a week each and food for all three at 15 pounds or an expense of 6,000 pounds per year. The judge awarded 70,566 pounds for all injuries and future care expenses.