A pilot whose neck was injured in a G-force manoeuvre when an instructor took control and turned without warning has won a High Court damages action.
A judge heard Lt Paul Hanks, 31, based at RAF Valley, Anglesey, was later forced to leave the Royal Navy because of the incident in August 2000.
His instructor performed a high-gravity turn near Worcester after seeing his parents' house, the ex-pilot argued.
Another hearing will set the amount of damages Mr Hanks, of Chester, will get.
The judge heard the student pilot, who wanted to fly Sea Harrier jets, was on the final training sortie before his navigation test.
After hitting his target he began to recover height when his instructor, Flt Lt Derek Sington, took control without explanation.
As Mr Hanks looked down at an angle to check his fuel reckoner, the Hawk aircraft undertook the manoeuvre and he felt a painful "pop" in his neck as he strained to get his neck upright.
Deputy Judge Andrew Edis QC said he believed Mr Sington decided "on the spur of the moment", when he realised how close he was to his parents' home, to take control and turn towards it.
This constituted a high G turn of the kind which carried a foreseeable risk of injury of the neck.
He specifically found that Mr Sington did not carry out a pre-planned fly past.
Such manoeuvres were required in combat flying and training had to familiarise pilots with them.
The judge ruled that the Ministry of Defence (MoD) was 85% to blame for the incident.
He said that, in the circumstances, the absence of a warning was negligent and the MoD, which contested the case, was vicariously liable for it.
Mr Hanks, of Shotwick Park, Seahill Road, Saughall, Chester, left the Royal Navy's Fleet Air Arm four years later and is now a self-employed project manager in construction.
The judge said that he was 15% to blame because he was sitting with his head down, worrying about his fuel calculation.
Had he followed his training, he would have been sitting upright and taking notice, and the different posture would probably have avoided or reduced the injury.
A further hearing, within 12 months, will decide the legal question of causation and the amount of damages.
BBC News
Friday 11th February 2005
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