Yedelian v McKune [2005] NSWDC 8

Yedelian, the father, owed his child a duty of care in the specific act of dropping him off on the wrong side of a busy road without ensuring his safe crossing, and breached that duty. This breach was causative of the child's injury, making Yedelian liable; thus, apportionment was required.

Parties: Plaintiff/cross Defendant: Sevag Yedelian (by tutor Mary Yedelian); First Defendant/cross Claimant: Scott McKune
Jurisdiction: Australia
Judgment Date: 12 October 2005
Procedural Posture: Civil / Judgment After Trial of Cross Claim for Contribution
Outcome: Cross-claim allowed in part; liability apportioned 75% to Yedelian and 25% to McKune.
Legal Topics: Negligence, Duty of Care, Parental Liability, Contribution, Apportionment of Liability

Tort Law Negligence Duty of Care Parental Liability Contribution Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 30 Party arguments 2 Amounts and remedies 2

Parties

Sevag Yedelian (by tutor Mary Yedelian)

Plaintiff/cross Defendant

Scott McKune

First Defendant/cross Claimant

Procedural Posture

Civil / Judgment After Trial of Cross Claim for Contribution

Legal Issues

1 Whether the father owed a duty of care to his child when dropping him off to cross a road
2 Whether the father breached that duty of care
3 Whether there was causation between the breach and the injury

Ratio Decidendi

Court Disposition

Cross-claim allowed in part; liability apportioned 75% to Yedelian and 25% to McKune.

Orders

Judgment for McKune against Yedelian for contribution in the sum of $408,648.24.
Further orders regarding costs reserved.