On Wednesday 2 July, an eight-day High Court trial will commence at the Royal Courts of Justice to determine whether McLaren Automotive Events Limited (“McLaren”) is liable to compensate an American neurosurgeon who sustained life-changing injuries on a guided snowmobile trip during its exclusive 2020 ‘Arctic Experience’ ice-driving holiday.
Mr Cannestra is represented by partner Julian Chamberlayne and senior associate James Griffin of Stewarts’ International Injury team.
The incident took place within the Arctic Circle in northern Finland in February 2020. Mr Cannestra, a US neurosurgeon, had paid over £23,000 for an exclusive, luxury holiday, which was marketed as the “Pure McLaren Arctic Experience”. McLaren invited owners of its supercars to “join us and your fellow McLaren owners for exceptional events that will not only enthral and delight but also make you feel a real part of the McLaren family”.
The main focus of the holiday centred on an ‘ice-driving’ experience. Following instruction, guests would drive McLaren supercars on a frozen test circuit. In 2020, McLaren also offered guests the opportunity to take a guided snowmobile trip, although it appears that McLaren have since discontinued this in its recent Arctic Experience trips.
Neurosurgeon Andrew Cannestra and his partner took part in a snowmobile excursion on the afternoon of 2 February 2020. The trip involved two snowmobile guides leading them through snow-covered woodland areas. The trip culminated in Mr Cannestra crashing into a tree, having lost control of his snowmobile on the second of two left turns that came in close succession.
Numerous allegations have been made against McLaren and will need to be determined during the trial. These include that the 900cc, 90 horsepower model of snowmobile was too powerful for novice guests like Mr Cannestra. If used at all, they should have been left in their lowest power (Eco) mode. Within just a few minutes of the trip’s start, one of the guides decided to change the mode of Mr Cannestra’s snowmobile to a higher power setting, which increased its acceleration. It is also alleged that before setting off on the trip, the snowmobile guides failed to provide Mr Cannestra with adequate instruction on how to operate the snowmobile and should have allowed a longer practice session at low speed. Instead it is alleged that, after changing the power mode, the guide led Mr Cannestra through twisty wooded terrain, at a speed that was too high for a beginner, and consequently the guide was too far ahead on approach to the second of the two left bends. It was snowing and close to sunset in the Arctic Circle in February, so the visibility was poor, making it all the more important that the guide remained in sight to signpost the presence of each turn. McLaren denies all the allegations and denies responsibility for the incident.
Mr Cannestra lost consciousness immediately following the crash. He was taken to Oulu Hospital and subsequently Lapland Central Hospital for in-patient treatment before flying home to the United States. Mr Cannestra sustained serious injuries in the incident.
Mr Cannestra is a neurosurgeon in his home state of Florida. Since the accident, he has had to stop performing brain surgery, but he continues to undertake consultations. His work portfolio includes consulting with surgical companies on technological advances in surgical equipment, providing expertise as a medico-legal expert in the United States and lecturing around the world on the latest surgical techniques.
The case has garnered significant media attention, with articles published in The Times, The Telegraph, and Mail Online.
The trial of the liability issues has been listed to be heard by Mr Justice Ritchie in the Royal Courts of Justice in London for eight days commencing on Wednesday, 2 July. Mr Cannestra is represented by Stewarts and Neil Block KC, whilst Clyde & Co and Matthew Chapman KC are instructed by McLaren.
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