ABRAHAMS v TURNER [1996] NSWCA 7

ABRAHAMS v TURNER [1996] NSWCA 7

The trial judge erred in holding that the appellant's earning capacity was unimpaired after 1991; all the medical evidence established a continuing, indefinite impairment to her ability to earn, making it necessary to increase the damages awarded by an additional $40,000 for economic loss beyond 1991.

Parties
Appellant: Abrahams; Respondent: Turner
Jurisdiction
Australia
Judgment Date
16 May 1996
Procedural Posture
Civil Appeal / Appeal From the District Court Judgment
Outcome
Appeal allowed in part; cross appeal dismissed
Legal Topics
Damages Assessment, Loss of Earning Capacity, Personal Injury, Motor Vehicle Accident
Personal Injury Damages Assessment Loss of Earning Capacity Motor Vehicle Accident

Case Brief

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Parties

Abrahams

Appellant

Turner

Respondent

Procedural Posture

Civil Appeal / Appeal From the District Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in failing to award damages for loss of earning capacity from January 1992 onwards
  2. 2 Whether the appellant proved ongoing impairment of earning capacity caused by injuries from the motor vehicle accident

Ratio Decidendi

The trial judge erred in holding that the appellant's earning capacity was unimpaired after 1991; all the medical evidence established a continuing, indefinite impairment to her ability to earn, making it necessary to increase the damages awarded by an additional $40,000 for economic loss beyond 1991.

Court Disposition

Appeal allowed in part; cross appeal dismissed

Orders

  • The verdict and judgment for the plaintiff increased to $148,652.32
  • The respondent pay the appellant's costs of the appeal