A businessman is suing British Airways for more than £50,000 over claims he suffered ‘flashbacks and nightmares’ after cutting his little finger on a flight.
Andrew Chesterton, 61, was flying from Heathrow to Cincinnati for a holiday in 2023 when he put his hand between the plane’s seats and caught two of his fingers on a sharp object.
The former chief operating officer at financial services company Bravura Solutions was left bleeding and in ‘immediate pain and shock’. and had to be taken to hospital when the plane landed.
Mr Chesterton, of Chelmsford, Essex, was taken to hospital when the plane landed and required stitches to both fingers.
He is now suing the airline for more than £50,000, claiming he was left with scars plus ‘reduced grip strength’ in one of his little fingers, as well as suffering with ‘flashbacks and nightmares’ about the incident amounting.
British Airways has admitted liability for the accident, but the airline is fighting the amount in damages he is due, denying that it is liable to compensate Mr Chesterton’s for any alleged psychiatric injury.
In court papers, his barrister Jessica Muurman describes how Mr Chesterton was on his way to the US in September 2023 when the injury occurred.
‘On 24 September 2023, during the course of the flight, the claimant reached between his seat, Seat 1A, using his left hand,’ she says.
‘A sharp object, unbeknown to the claimant, was present in the fold of his seat and caused a laceration to his left ring finger and left little finger.
‘Following the accident, the claimant was in immediate pain and discomfort, and required assistance from cabin crew to temper the bleeding.’
After landing, he was taken to hospital by emergency services and had the cuts cleaned, requiring four stitches to his ring finger and another seven to his little finger.
Mr Chesterton reported his ring finger remained uncomfortable and hypersensitive for five months after the injury, while the cut on his little finger later became infected, requiting antibiotics.
‘The claimant has been left with a 15mm scar on his left ring finger, and a 18mm scar on his left little finger,’ the barrister continues in Mr Chesterton’s particulars of claim.
‘While the claimant’s ability to mobilise his fingers increased during the initial recovery period, the claimant suffers ongoing problems of hypersensitivity, stiffness and reduced grip strength in his left little finger. This impact is permanent.
‘As a result, the claimant must modify tasks – for example, minimising lifting, particularly in the garden, compared to pre-accident.
‘For approximately two months, the claimant was unable to drive, which impacted his ability to undertake daily tasks as well as his wider social life.
‘The claimant has attended five sessions of physiotherapy in an attempt to combat his ongoing physical symptoms as a result of the accident.
‘The claimant has suffered a psychological impact as a result of the accident. He developed anxiety about participating in social activities, avoiding events such as sports games and concerts, for fear of his fingers being knocked for approximately three months.
‘The claimant has also experienced flashbacks to the accident. The claimant was prescribed sleeping tablets at the end of October 2023 as he was having nightmares and struggling to sleep post-accident.’
Mr Chesterton’s claim is under the Montreal Convention, under which British Airways is ‘strictly liable’ for the accident which occurred on its flight, she adds.
The Montreal Convention is an international treaty which governs airline liability for the transport of passengers and cargo, including in case of injury or death.
In its written defence to the action, BA’s barrister Christopher Loxton said it admits that Mr Chesterton suffered an accident, but that he will have to prove the extent of his injuries.
‘The defendant has little knowledge of the nature and extent of the claimant’s alleged injury, loss or damage,’ he says.
He said Mr Chesterton will have to prove the extent of his injuries and that they were caused by the accident.
‘Further in relation to the particulars of injury, and specifically the claimant’s alleged psychological injury, it is denied that he can recover damages for such an injury, as article 17(1) of the Montreal Convention allows a passenger to recover damages for “bodily injury” or death,’ he says.
The case will now proceed to a full assessment of the damages which Mr Chesterton is due, unless the parties are able to settle the case outside of court.
