Surgeon loses £14m snowmobile crash claim because of ‘s--- happens' text
The judge also pointed out that the surgeon had sent a post-accident text to McLaren staff, saying: 'No worries … s--- happens … I asked... if I owe you guys a snowmobile, or any other costs. Please let me know. It was my error and my responsibility.'
In another, he wrote: 'Thank you both so much for your help yesterday and thru my little self-destructive snowmobile behaviour. Please let me know anything I am responsible for.... transport.... a snowmobile..... etc. we had a great time and all is good!'
Mr Cannestra insisted his post-accident messages did not amount to an admission of fault.
Neil Block KC, for Mr Cannestra, had told London's High Court that both riders were 'absolute novices' and argued their guides should have done more to explain the detailed layout of their route through the forest.
The surgeon crashed after a pause in the journey during which his guide had changed the drive mode so that the doctor's snowmobile could hit higher speeds.
Lasting problems
The impact resulted in a brain haemorrhage and severe leg injuries, causing lasting problems with 'word-finding, comprehension, memory and fatigue' and worsening his previous hand tremor.
Mr Cannestra, who was earning around £1.8m per year, has had to give up brain surgery, although his lawyers say he 'continues to work to a limited extent.'
Dismissing his claim, the judge said: 'He was following a guide round a snowy track through trees, but he lost control, drove off the track and hit a tree. He was injured. At first, he thought it was all his own fault, apologised and offered to pay for the smashed-up snow mobile.
'At the ambulance in the car park, he told [the guide] that he accidentally pressed the throttle in the middle of turn two and blamed his glove.
'At hospital, he told a medic he accidentally hit the gas instead of the brakes. He considered that he himself was the cause of the accident. He did not blame [the guide] for rushing him or disappearing.
He said the guide was not dealing with a '17-year-old new car driver ' who had just passed their driving test, adding: 'He was guiding a mature, supercar and jet-ski aficionado, who had ridden confidently and wanted more speed.'
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