De Ceglie v Timosevski [2018] NSWDC 196

De Ceglie v Timosevski [2018] NSWDC 196

The plaintiff's version was consistent across his accounts to ambulance officers, hospital staff, a social worker, police and the insurer, while Mr Sims' in-court version was inconsistent with his contemporaneous police account and was improbable. The court found that the utility turned from the bus stop across the scooter's path when the scooter was very close, creating an emergency in which the plaintiff braked, lost control and was injured. The defendant's driver breached the duty of care because a reasonable driver would have remained parked until the scooter had passed. The defendant did not prove contributory negligence, including any causal effect of the plaintiff's speed. The...

Jurisdiction
Australia
Judgment Date
19 July 2018
Procedural Posture
Civil Negligence Claim for Damages Arising From a Motor Scooter Accident / Principal Judgment After Hearing on Liability and Quantum
Outcome
Judgment for the plaintiff against the defendant for $107,458.35, with costs.
Legal Topics
['liability for Motor Vehicle Collision' 'conflicting Versions of Accident' 'contributory Negligence' 'future Loss of Earning Capacity' 'future Out of Pocket Expenses']
['negligence' 'motor Accidents' 'damages'] ['liability for Motor Vehicle Collision' 'conflicting Versions of Accident' 'contributory Negligence' 'future Loss of Earning Capacity' 'future Out of Pocket Expenses']

Case Brief

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Procedural Posture

Civil Negligence Claim for Damages Arising From a Motor Scooter Accident / Principal Judgment After Hearing on Liability and Quantum

Legal Issues

  1. 1 ["Whether the accident occurred as the plaintiff alleged, with the defendant's utility turning from the bus stop across the plaintiff's path, or as the defendant alleged, with the utility stationary in the eastbound lane waiting to turn right." "Whether the defendant's driver breached the duty of care under the Civil Liability Act 2002." 'Whether the plaintiff was contributorily negligent by travelling at 50kph.' 'What damages were recoverable under the Motor Accidents Compensation Act 1999, including future loss of earning capacity and future out-of-pocket expenses.']

Ratio Decidendi

The plaintiff's version was consistent across his accounts to ambulance officers, hospital staff, a social worker, police and the insurer, while Mr Sims' in-court version was inconsistent with his contemporaneous police account and was improbable. The court found that the utility turned from the bus stop across the scooter's path when the scooter was very close, creating an emergency in which the plaintiff braked, lost control and was injured. The defendant's driver breached the duty of care because a reasonable driver would have remained parked until the scooter had passed. The defendant did not prove contributory negligence, including any causal effect of the plaintiff's speed. The...

Court Disposition

Judgment for the plaintiff against the defendant for $107,458.35, with costs.

Orders

  • ['Judgment for the plaintiff against the defendant for $107,458.35.' "Order the defendant to pay the plaintiff's costs." 'Grant liberty to the parties to approach my Associate within 7 days if any different costs order is sought by either party.']