PIGRAM v JENKINS and ANOR [1997] NSWCA 247

PIGRAM v JENKINS and ANOR [1997] NSWCA 247

There was a real possibility the plaintiff might in future have to undertake employment requiring significant use of his left leg, and the continuing effects of his injury would affect his ability to perform such work; therefore, the trial judge should have awarded some damages for future economic loss.

Parties
Appellant/plaintiff: Pigram; Respondent/defendant: Jenkins and Anor
Jurisdiction
Australia
Judgment Date
14 May 1997
Procedural Posture
Appeal / Appellate Judgment
Outcome
Appeal allowed.
Legal Topics
Damages, Future Economic Loss
Personal Injury Motor Accidents Damages Future Economic Loss

Case Brief

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Parties

Pigram

Appellant/plaintiff

Jenkins and Anor

Respondent/defendant

Procedural Posture

Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the trial judge erred in failing to award damages for future economic loss arising from injuries suffered in a motor vehicle accident.

Ratio Decidendi

There was a real possibility the plaintiff might in future have to undertake employment requiring significant use of his left leg, and the continuing effects of his injury would affect his ability to perform such work; therefore, the trial judge should have awarded some damages for future economic loss.

Court Disposition

Appeal allowed.

Orders

  • Judgment below set aside and new judgment entered in the amount of $51,915.
  • Judgment to operate as from 27 June 1996.