Personal injury news

Ex-Navy pilot wins right to compensation after high-G turn damaged his spine

An ex-Navy pilot has won the right to hundreds of thousands of pounds in compensation over a neck-wrenching 'high-G' turn by his instructor, performed near the instructor's parental home in Worcester.

After a five-day High Court hearing, Deputy Judge Andrew Eadis QC upheld Lieutenant Paul Hanks' claim against the Ministry of Defence, although finding the airman partially to blame in 'having his head down' in the cockpit shortly before the aerial turn.

The judge found that Mr Hanks' instructor - Flight Lieutenant Derek Sington - had taken over control of the Hawk jet shortly before the controversial turn during a training flight near Worcester in August 2000, executing a high-G turn without warning his student.

He said the instructor had decided 'on the spur of the moment' to turn towards his family home on the edge of Worcester, taking charge of the jet as the aircraft began its return flight to RAF Valley on Anglesey, north Wales.

The judge dismissed claims that Flight Lt Sington carried out a low-level manoeuvre over the city, or executed a 'fly-past or stunt', as alleged. But he ruled that the senior pilot had probably 'pulled a sudden violent manoeuvre towards his family home as the aircraft was rapidly gaining height'.

The turn imposed a five-G pressure on the jet, the court heard, meaning that Mr Hanks had to strain against heavy gravitational forces with no warning of the acute turn.

Although the high-G turn was not in itself risky, the failure to warn Mr Hanks that it was coming was negligent, said the judge.

'I accept Mr Hanks' evidence that the injury occurred while he was straining against the G-force to get his head upright. There was a good reason to warn students of an impending high-G manoeuvre in order that they can brace themselves'.

'In the circumstances the absence of a warning was negligent, and the (MoD) are vicariously liable for it,' said the judge.

He accepted that both men were engaged in an inherently 'high-risk' exercise. Mr Hanks, a first class honours graduate, was described as a 'highly promising young Naval officer' with a bright career ahead of him before injuries blocked his path.

Flight Lt Sington was also a 'brave and skilled pilot', the judge observed.

The court's ruling entitles Mr Hanks, of Chester, to press his six-figure claim against the MInistry of Defence, although his payout will be subject to a 15% deduction for his own 'contributory negligence'.

The ex-pilot, of Saughhall, Chester who forsook a career as a quantity surveyor to train as a Navy pilot, cherished dreams of flying aircraft carrier-borne Sea Harriers, but the spinal damage caused by the high-G turn stalled those hopes.

Although Mr Hanks went on to gain his coveted pilot's wings after the incident, he became prey to continuing neck and back pain, and was finally medically retired from the Navy in January last year.

The 31-year-old's hopes of transferring to the RAF to fly heavier aircraft were also thwarted by his medical problems. Although he still harbours flying ambitions a large question mark hangs over whether he has a viable career as a civil pilot ahead of him.

Mr Hanks said outside court that he is still considering his future work options, commenting that he has become increasingly interested in the law since his case took off.

Yet the neck injury had effectively blighted his most cherished ambition - to become a 'fast jet pilot'.

After today's ruling Mr Hanks said he needed time to 'come to terms' with the outcome, although adding that it was a 'fantastic result'.