A US neurosurgeon is suing McLaren Automotive Events after suffering a “very significant” brain injury during a snowmobile safari organised by the company in Finland.
Andrew Cannestra, 54, crashed near Ivalo in northern Finland on 2 February 2020 while taking part in a four-night “Pure McLaren Arctic Experience”, the High Court in London heard on Wednesday.
The Florida-based surgeon is bringing a claim for breach of contract and negligence, alleging that inadequate safety guidance led to his traumatic brain injury.
Barristers for Cannestra told the court that he and his then-partner Kaitlin Mealor were “absolute novices” on snowmobiles.
Their couples’ package cost almost £24k before flights and included driving McLaren vehicles on ice, with snowmobiling as an optional activity.
Neil Block KC, representing Cannestra, said the couple signed a driver declaration, waiver and self-liability form before using a dedicated snowmobile track around four kilometres long.
The safety briefing, given by guides Arto Pitkanen and Jouni Satta, lasted “approximately five minutes”, he said, and did not include information on the track layout, hazardous bends or use of the emergency stop button and tether cord.
Block told the court: “The briefing did not include any information about the layout of the track, the position of potentially hazardous bends, corners or other hazards.
“It seems to be McLaren’s case that this was not required.
“It is common sense that this was required, and the failure to do so must be a breach of duty.”
The Lynx Xtrim 900 snowmobiles had three modes — eco, standard and sport — with the tour beginning in eco mode, which limits speed to 40kph.
A few hundred metres into the activity, Pitkanen allegedly changed Cannestra’s snowmobile to a faster setting, which Block said was “not appropriate”.
Pitkanen is said to have then driven off at up to 60kph, causing Cannestra to lose sight of him. The surgeon sped up because he “did not want to be on his own”, before losing control on a bend and veering into deep snow, striking a tree.
Cannestra sustained a traumatic brain injury and orthopaedic injuries.
Giving evidence, he said he initially described the crash as his own “error” but had not been thinking clearly at the time.
“The guides simply did not guide me through the turns.
“That put my life in danger, and this never would have happened to me if that had occurred.”
McLaren is defending the claim.
Matthew Chapman KC said the turn where the crash happened was “quite safe if negotiated at an appropriate speed”, and that “reasonable care and skill was exercised” in organising the excursion.
He told the court Pitkanen changed the snowmobile’s settings because Cannestra was “eager” for this to happen and the guide “explained the switch”.
He said Cannestra’s speed “was wholly within his control”, and added that any claim Pitkanen had driven too far ahead “cannot sensibly succeed”.
“In this case, there was a well-organised, risk-assessed activity which was delivered by well-trained and experienced guides who complied with the local standard.
“The irreducible risk was, in other words, reasonably controlled.”
While acknowledging the content of the safety briefing was “contentious”, Chapman said it included instructions on hand signals to stop, using the throttle and brake, starting the engine and bodyweight shifting for turns.
The trial, before Mr Justice Ritchie, is considering liability only.
It is expected to conclude this month, with a written judgment to follow.
