A man's weight loss regime that included only eating two soups a week was a factor in him passing out and crashing into a tradesman's van. Photo / 123RF
A man's weight loss regime that included only eating two soups a week was a factor in him passing out and crashing into a tradesman's van. Photo / 123RF
A decision to forgo seizure medication and start using weight-loss remedies, which included living off two portions of soup per week, has cost a man almost $16,000 after he passed out and crashed into a tradesman’s van, writing it off.
The man, whose diet had been severely restricted and was also taking weight-loss medication, was out driving the day after he had been drinking alcohol.
He was looking for access to a beach when he lost control of his car and crashed into a van parked on the street.
Seconds before the collision, he thought he had tried to pull over when his left arm and leg started to “shake uncontrollably”.
The tradesman who owned the van lodged a claim with the tribunal which has now ordered the car owner to pay the tradesman $15,867, just over half the amount of his $30,000 claim.
The man lost control of his car and crashed into a van parked on the street. Photo / 123RF
The recently released decision, which redacted the names, locations and dates relating to the matter, stated the claim comprised $25,000 for the van, $2630 for tools, and the balance for stress and inconvenience.
The tribunal said in its decision that the man thought he had had a seizure but had no memory of the accident. He lost consciousness within seconds and his next recollection was waking up.
A hospital medical report said no clear cause was identified, but the event was not in keeping with a seizure.
The report said the man’s general medical condition, hepatic encephalopathy, may have been a contributing factor.
It was also noted that he had recently stopped taking all prescribed medication for his medical condition because of weight gain, and had started using weight-loss medication.
His only food intake was two soups a week for six weeks and he had also consumed alcohol the night before the accident.
A letter from his doctor submitted as evidence said there was no medical impediment to the man being allowed to drive before the crash. But he agreed with the doctors who attended to the man at the hospital that ceasing medication could have been a contributing factor.
The tribunal said that further evidence submitted stated hepatic encephalopathy was “an altered level of consciousness as a result of liver failure”.
Tribunal referee Kaye Edwards said the man was on three different medications to treat the condition but ceased taking it without seeking medical advice.
“He then embarked on an extreme weight-loss programme of tablets and minimal sustenance, all without medical advice.
“He was therefore unaware of what the consequences could be of his actions.”
Edwards found that the driver owed a duty of care, not only to others but to himself, to seek advice about the possible consequences of the course of action he had taken.
“Having considered the information provided about [the man] and his condition, I find the prudent person would have sought advice before ceasing medication and before embarking on an extreme weight-loss programme, and that failing to do so is a breach of a duty of care.
“I further find the breach of the duty of care has, on the balance of probabilities, led to the accident.”
The van was deemed uneconomic to repair with an estimate provided by the owner of $28,212 against an estimated vehicle value of $25,000 but there was no evidence presented to support that, Edwards said.
The car owner’s insurer obtained a pre-accident valuation which put the van’s value at $13,500, taking into account the age and condition.
Edwards accepted $13,500 as fair and reasonable compensation for the loss of the vehicle.
It was agreed that the tradesman lost tools and materials worth an estimated $2630 in the accident as the impact ruptured paint tins, damaging the contents of the van.
The insurer accepted the amount as “reasonable” but asked for depreciation to be applied.
The tribunal ordered $2367 compensation for the tools, factoring in 10% depreciation.
Edwards said despite the prolonged journey to resolution, she did not find that compensation for stress was justified in this situation.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
