“British Airways has admitted liability for the accident, but is resisting the sum Mr Chesterton is claiming, saying it is not liable for compensation for any alleged psychological damage,” stated Jessica Muurman, representing Andrew Chesterton in his ongoing lawsuit against the airline.
The case stems from an incident that occurred during a flight from Heathrow to Cincinnati on April 14, 2023. Chesterton, who was seated in 1A, suffered a severe finger injury when he inadvertently placed his hand between the seats and caught two fingers on a sharp object. The immediate aftermath was traumatic, resulting in pain, bleeding, and shock.
Following the incident, Chesterton required medical attention, receiving four stitches in his ring finger and seven in his little finger upon landing. He now bears a 15mm scar on his left ring finger and an 18mm scar on his left little finger, which have led to ongoing physical issues.
“The claimant has been left with a 15mm scar on his left ring finger, and an 18mm scar on his left little finger,” Muurman added, highlighting the lasting impact of the injury. Chesterton has reported reduced grip strength, stiffness, and hypersensitivity in his left little finger, which have significantly affected his daily life.
Moreover, the psychological ramifications have been profound. Chesterton has experienced flashbacks and nightmares related to the incident, leading to anxiety that has caused him to avoid social activities for three months. He also faced a two-month period during which he was unable to drive.
British Airways has acknowledged its liability under the Montreal Convention, which governs airline liability for passenger injuries. However, the airline contests the compensation amount, particularly regarding Chesterton’s claims of psychological harm. “The defendant has little knowledge of the nature and extent of the claimant’s alleged injury, loss or damage,” remarked Christopher Loxton, representing British Airways.
Chesterton has undergone five sessions of physiotherapy to address the ongoing physical symptoms stemming from the accident. The case is set to proceed to a full assessment of damages unless a settlement is reached outside of court, leaving both parties in a state of anticipation regarding the next steps.