Andrew Chesterton sues BA for £50k claiming cut fingers caused ‘nightmares and flashbacks’
A businessman is suing British Airways for more than £50,000, claiming he suffered “flashbacks and nightmares” after cutting his fingers during a flight.
Andrew Chesterton, 61, was flying from Heathrow to Cincinnati for a holiday in 2023 when he put his hand between the seats and caught two fingers on a sharp object.
The former chief operating officer of financial services company Bravura Solutions was left bleeding and in “immediate pain and shock” and was taken to hospital when the plane landed.
He is now suing the airline for more than £50,000 and claims he has scars on his little finger, as well as “reduced grip strength” and “flashbacks and nightmares” about the incident.
British Airways has accepted responsibility for the crash, but disputes the amount claimed by Mr Chesterton and says it is not liable for compensation for any alleged psychological damage.
In court documents, his lawyer Jessica Muurman said Mr Chesterton, of Chelmsford, Essex, was injured when he reached between seat 1A with his left hand.
“Unknown to the plaintiff, a sharp object was present in the fold of his seat and caused a laceration to his left ring finger and left little finger,” he said. “Following the accident, the plaintiff felt sudden pain and discomfort and sought assistance from the cabin crew to reduce the bleeding.”
Mr Chesterton was taken to hospital by the emergency department after landing and received four stitches on his ring finger and seven stitches on his little finger. The ring finger remained uncomfortable and hypersensitive for five months after the injury; The cut on his little finger later became infected and required antibiotics.
“The plaintiff was left with a 15 mm scar on her left ring finger and an 18 mm scar on her left pinky finger,” Ms. Muurman wrote. “While the plaintiff’s ability to move his fingers improved during the initial recovery period, the plaintiff experiences ongoing problems such as hypersensitivity, stiffness, and decreased grip strength in his left little finger.
“This impact is permanent. As a result, the claimant has to modify his duties – for example, minimizing lifting, particularly in the garden, compared to before the accident. “The claimant was unable to drive for approximately two months, which affected both his ability to undertake daily tasks and his wider social life.
“The plaintiff attended 5 sessions of physiotherapy in order to combat his ongoing physical symptoms as a result of the accident. The plaintiff was psychologically affected by the accident. For about three months, he developed anxiety to avoid participating in social activities, sports, concerts, etc., with the fear that his fingers would be stolen. The plaintiff also experienced flashbacks regarding the accident. The plaintiff was prescribed sleeping pills in late October 2023 because he had nightmares and struggled to sleep. Post-accident.”
Ms. Muurman wrote that Mr. Chesterton’s claim falls under the Montreal Convention, which provides that British Airways is “strictly liable” for the in-flight accident.
BA’s lawyer, Christopher Loxton, said in his written defense in the case that the airline accepted Mr Chesterton had been in an accident but needed to prove the extent of his injuries.
“The defendant has little knowledge of the nature and extent of the plaintiff’s alleged injury, loss, or damage,” he wrote. He added that Mr Chesterton had to prove the extent of his injuries and that they were caused by the accident.
“Furthermore, as regards the details of the injury, and in particular the plaintiff’s alleged psychological injury, it is denied that damages can be recovered for such injury, as Article 17(1) of the Montreal Convention allows a passenger to recover damages for ‘bodily injury’ or death.”
Unless the parties are able to resolve the case out of court, the case will proceed to an assessment of the full damages to which Mr. Chesterton is entitled.
