An artist who wants more than £30 million in damages after suffering a serious head injury when hit by a stolen motorcycle in London more than six years ago has told a judge how he has learned to understand his limits and “embraced” disability.
Manuel Mathieu, 35, has sued Tony Martin Hinds, who had stolen the motorcycle, and insurers Aviva, and wants compensation for loss of past and future earnings.
He says his productivity as an artist has been reduced due to chronic cognitive fatigue and headache caused by a serious brain injury.
Aviva says Mr Mathieu’s claim is “extraordinary” and “overstated”.
Mrs Justice Hill is considering arguments at a High Court trial in London due to last about two weeks.
Mr Mathieu, who was born in Haiti but moved to Montreal, Canada, when young, told the judge he had been “quite badly psychologically affected” by the accident and said his condition “plateaued” in 2017.
He said he had found a way to work around his disabilities.
“Since the accident I have learned how to understand my limits and to cope,” he told the judge.
“I have embraced my disabilities.”
The judge heard how Mr Mathieu “aspired to be one of the greats”.
“I am trying," he told her., “I am trying to live an exciting life.”
Mr Mathieu indicated that his ability to produce “bigger paintings” had been most affected.
He said it was “more demanding” for him, physically and mentally, to “do bigger paintings”.
“This is what I have suffered from most,” he said.
“Because of my condition, I produce one big painting less a month.”
He said he had to “manage” fatigue and headaches.
“This success, the ability to produce what I produce, has come from my management,” he said.
“Before the accident, I didn’t have to deal with that – the continuous headaches.”
Mrs Justice Hill has heard how in November 2015 he was 29 and studying for a masters degree in art at Goldsmiths College, which is part of the University of London.
A barrister leading Aviva’s legal team has argued that Mr Mathieu’s claim was overstated.
Marcus Dignum QC said: “It is common ground that despite suffering a serious head injury he is now a very successful artist with an international reputation, whose productivity and earnings have increased very significantly since his accident.
“His present claim is that his past losses should be assessed in excess of (about £1 million) and that his future losses exceed about £33.6 million.
“In very simple terms he now advances his claim on the basis that but for the accident he would have been able to produce a further 14 paintings per year.
“This is an extraordinary claim for more than £33 million in respect of an alleged shortfall in the production of paintings.
“It is based on hypothetical guess work and has no sound evidential basis.
“Indeed, Aviva submits that the claim is demonstrably overstated in several respects and the true value of the claim is, at best, a fraction of what has been claimed.”
Theo Huckle QC, who is leading Mr Mathieu’s legal team, has told the judge: “The claimant claims past and future loss of earnings on the basis that his productivity as an artist has been reduced due to chronic cognitive fatigue and headache caused by his serious traumatic brain injury.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here