An ‘adrenaline junkie’ brain surgeon who sued McLaren for £14m after a snowmobile crash has had his case thrown out after post-accident texts emerged of him telling company staff: ‘No worries… s*** happens…[do] I owe you guys a snowmobile’.
Andrew Cannestra suffered multiple injuries when the skidoo he was riding careered off a forest track in Lapland during a £23,000 luxury break he had taken with his then partner Kaitlin Mealor.
The 54-year-old neurosurgeon, who specialises in spinal surgery, struck a tree after negotiating a forest turn and was out cold for 30 minutes following the impact in February 2020.
He went on to sue McLaren Automotive Events Ltd, claiming the impact of the crash on his future earnings alone exceeds £14million.
But lawyers for McLaren Automotive denied blame, insisting that on-the-spot guides did their utmost to ensure a safe skidoo trip, carefully briefing Mr Cannestra and his partner before they set off.
Dismissing the claim, Mr Justice Richie said that Mr Cannestra – who was dubbed an ‘adrenaline junkie’ by his then partner – had ‘wanted more speed’ and had caused the crash himself when he ‘accidentally hit the gas instead of the brakes’.
The briefing he and his partner received before riding had been adequate, the judge said, adding: ‘They were both on a McLaren ice driving holiday. Adrenaline cannot have been irrelevant to the experience of driving on ice in a superpowered car. There is nothing wrong in that. Life is for living and excitement and risk are part of that.
‘He wanted more speed. He should have understood that being guided at higher speed would be more challenging and risky.’
The 54-year-old neurosurgeon, who specialises in spinal surgery, struck a tree after negotiating a forest turn and was out cold for 30 minutes following the impact in February 2020
Andrew Cannestra suffered multiple injuries when the skidoo he was riding careered off a forest track in Lapland during a £23,000 luxury break he had taken with his then partner Kaitlin Mealor
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.
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 £1.8million per year, has had to give up brain surgery, although his lawyers say he ‘continues to work to a limited extent.’
His KC claimed the lead guide ‘rode at an excessive speed for a novice rider to follow safely’.
But Matthew Chapman KC – for McLaren Automotive – argued that Mr Cannestra had appeared a competent rider and fully in control of his snowmobile, adding that he had seemed ‘eager’ for his vehicle to be switched to a faster travel mode.
In his ruling, the judge 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!’
In his evidence, Mr Cannestra had insisted his post accident 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’.
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
But dismissing his claim, the judge said: ‘Whilst the claimant was in Lapland on an expensive four-day driving experience for McLaren road cars on ice, he chose to drive a snowmobile as part of the ancillary fun activities provided by McLaren.
‘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.
‘A few months later, he instructed solicitors and by the end of July 2020 a pre-action protocol letter was written by his solicitors, to McLaren’s solicitors, asserting negligence/breach of contract by the guide and claiming damages for personal injuries.
‘After the accident, the claimant told the guide his glove had become stuck to the throttle. The claimant had sent a message offering to pay for the snowmobile because it was, using his words, “my error and my responsibility” and caused by “my little self destructive snowmobile behaviour”.
‘Negligence was denied. The cause of the crash was pleaded as the claimant accidentally accelerating whilst negotiating [a turn] instead of braking.
‘I did not find Kaitlin Mealor’s evidence to be of much assistance. She appeared to me to be playing a wing person role to support her ex-partner.
‘I was not persuaded by her denial of the conversation…after the accident about the claimant being an adrenaline junkie who was always getting into accidents.
‘This conversation may be put into context. The claimant had bought two McLaren road cars, which are up the top of the list of the most powerful vehicles on roads worldwide.
The wreckage of the snowmobile after Mr Cannestra crashed into a tree while negotiating an awkward forest turn
‘They were both on a McLaren ice driving holiday. Adrenaline cannot have been irrelevant to the experience of driving on ice in a superpowered car. There is nothing wrong in that. Life is for living and excitement and risk are part of that.
‘He wanted more speed. He should have understood that being guided at higher speed would be more challenging and risky. I consider that he did understand this. He also understood that they would go through trees.
‘I consider that about five minutes was an appropriate length for a briefing for just two customers. I find that the briefing complied with local Finnish standards.
‘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 reached turn two and turned through 25 degrees, then squeezed or pushed the throttle by mistake with his right hand and shot straight forwards into a tree. In whatever mode, that accidental throttle use would have caused him to go straight off the track.’
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. The claimant was prepared to leave his partner behind to increase his own enjoyment.
‘The claim will be dismissed and judgment will be entered for the defendant,’ the judge concluded.
