Top surgeon suing McLaren for £14m over snowmobile crash that left him with brain injury was 'adrenaline junkie eager' to go faster, court hears
High-flying neurosurgeon Andrew Cannestra suffered multiple injuries when the skidoo he was riding careered off a forest track in Lapland during a £23,000 luxury break booked through the Pure McLaren Arctic Experience for him and his then partner, Kaitlin Mealor.
The 54-year-old medic, who specialises in spinal surgery, struck a tree after negotiating an awkward forest turn and was out cold for 30 minutes following the impact.
He is now suing McLaren Automotive Events Ltd over the devastating effects of his crash, which also left him with shaking hands, claiming the impact on his future earnings alone exceeds £14 million.
Part of his claim focuses on the alleged effect of his injuries on a pre-existing but controlled 'benign tremor' which Dr Cannestra says has been exacerbated by his injuries, massively curtailing his ability to work.
But lawyers for McLaren Automotive are vigorously disputing blame, as well as the amount of compensation claimed, insisting that on-the-spot guides did their utmost to ensure a safe skidoo trip, carefully briefing Dr Cannestra and his partner before they set off.
The company also alleges contributory negligence by Mr Cannestra in failing to take sufficient care for his own safety, arguing in court he was 'eager' to go faster and was described by his then-partner as an 'adrenaline junkie'.
Ms Mealor told the judge she had never used that term to describe her former boyfriend.
It argues that the fact the fateful 'snow safari' occurred after power car enthusiast Mr Cannestra had taken part in the trip's main activity, involving riding a McLaren supercar on ice tracks.
Defence barrister, Matthew Chapman KC, said: 'There is a certain irreducible risk associated with taking part in a snowmobile safari on a snowy track - even a track as innocuous and well-prepared as the index track.
'If this activity did not present any such risk then it's unlikely that it would be an attractive option for a person who enjoys driving powerful super cars on ice.'
On top of that, quizzing Mr Cannestra's former partner, Ms Mealor, in the witness box he suggested she herself had referred to him after the accident as an 'adrenaline junky' - although in her evidence Ms Mealor insisted she never used the term.
Neil Block KC - for Dr Cannestra - has 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 was injured after a pause in the journey, when Mr Cannestra went ahead with the lead guide, who claimed he was 'riding really well'.
But his KC said that before the pair set off again, his guide had changed the drive mode on the skidoo so that the snowmobile could hit higher speeds.
Describing the accident, he told the judge: '(The guide) admits that he was driving at speeds of up to 60 km per hour on the straight sections. Mr Cannestra was finding it difficult to keep up.
'He had no prior knowledge of the layout of the track and tried to keep up with his guide. Within a few minutes of setting off - at about sunset - the snowmobiles approached a series of left-hand bends separated by a straight of approximately 32 metres.
'Mr Cannestra had lost sight of (his guide). He was unaware of the track layout, and as he entered the second bend he lost control of his snowmobile and veered off the track into deep snow and collided with a tree.'
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 £1.6 million per year, has had to give up brain surgery, although his lawyers say he 'continues to work to a limited extent'.
Explaining the basis of his case, Mr Cannestra's KC claimed the lead guide should have kept to a 'reasonable speed' to ensure his novice rider could see him clearly and navigate bends on the forest trail.
'Alternatively, if it was intended that the guide would be beyond the field of vision of the guests on the approach to tight turns and other potential hazards, then there should have been flags, signs and other warnings.'
Overall, the guide 'rode at an excessive speed for a novice rider to follow safely', argued Mr Block.
But Mr Chapman - for McLaren Automotive - argued that Mr Cannestra had appeared a competent rider to the guide and fully in control of his snowmobile, adding that he had seemed 'eager' for his vehicle to be switched to a faster travel mode.
Mr Cannestra's accident occurred because he took the bend too fast, he added.
'Turn three was a left hand turn on flat terrain and could safely be negotiated at 20kmh, but could not be safely negotiated at 54kmh or more,' he explained.
'Whatever his precise speed on approach, he likely lost control because he exceeded the speed at which the turn could safely be negotiated.
'The claimant's speed on his snowmobile was a matter which was wholly within his control and over which he had - on his own evidence - for a period in excess of ten minutes exercised control through more than a dozen turns and without mishap.'
Describing Mr Cannestra as a 'power car enthusiast and jet skier,' he argued that the surgeon was well aware of the risks involved and allegedly sent text messages to McLaren staff after leaving hospital suggesting that he understood the hazards and that the accident was 'his fault'.
But in his evidence, Mr Cannestra insists his messages did not amount to an admission of fault, also taking issue with any image of him being a thrill-seeker.
And although conceding he is a passionate classic car fan - having owned up to 33 at various times in the past - he explained that he never raced his vehicles, restricting himself to 'collecting and restoring them'.
'I have taken part in some track driving events,' he stated, but added: 'These displays, however, have always been in the form of an exhibition rather than any actual racing - for example during these presentations, there is no overtaking involved.
'Whilst I have experience in driving classic cars, I had no experience of ever riding a snowmobile before, neither did Kaitlin.
'My only experience of any winter sports activities had been skiing and snowboarding. Kaitlin and I are were not traditionally really the adventure holiday type.
'We were usually the type of people who preferred to attend and watch events, rather than take part in them.
'For example, we previously visited the running of the bulls in Pamplona, but only as spectators on a balcony rather than taking part in the actual run.
'The guides simply did not give me enough instruction on how to use the snowmobile, particularly as I was a beginner.'
His former partner, Ms Mealor, in her evidence said that while riding behind Mr Cannestra she was intent on taking things 'slow' because she 'felt that I would not come to danger if I went slow'.
And asked by Mr Chapman whether she had referred to Mr Cannestra as an 'adrenaline junky' after the crash, Ms Mealor insisted she had 'never used that term.'
She added: 'I think I was in shock as well so I just said "I'm sure he will be ok," and I didn't use the term "he's an adrenaline junky who gets in scrapes all the time" - because he doesn't.'
The judge will give his ruling on the case at a later date.
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