Mathews v Schuler [2019] NSWDC 203

Mathews v Schuler [2019] NSWDC 203

Because the defendant carelessly entered Belmore Road from Washington Avenue and collided with the plaintiff's vehicle, and because there was no evidence that the plaintiff failed to take reasonable care for his own safety, contributory negligence was not established. The accident caused resolved chest pain, soft tissue injuries including continuing limited lumbar pain and tenderness, and mild to moderate PTSD. The plaintiff did not prove ongoing significant right shoulder or neck restrictions caused by the accident, and much of his claimed disability was exaggerated. The plaintiff nevertheless proved that, but for the accident, his most likely course was to save money, return to pilot...

Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Civil Claim for Damages Under the Motor Accidents Compensation Act 1999 (nsw) Arising From a Motor Vehicle Accident and Alleged Negligence / Principal Judgment After Trial
Outcome
Judgment for the plaintiff; damages assessed at $51,436.70; defendant to pay the plaintiff's costs as agreed or assessed, subject to liberty to seek a different costs order within 14 days.
Legal Topics
['motor Vehicle Accident Liability' 'contributory Negligence' 'causation' 'credit of Witnesses' 'physical Injury' 'psychiatric Injury' 'loss of Future Earning Capacity' 'future Out of Pocket Expenses' 'past Out of Pocket Expenses']
['torts' 'negligence' 'motor Accidents' 'personal Injury Damages'] ['motor Vehicle Accident Liability' 'contributory Negligence' 'causation' 'credit of Witnesses' 'physical Injury' 'psychiatric Injury' 'loss of Future Earning Capacity' 'future Out of Pocket Expenses' 'past Out of Pocket Expenses']

Case Brief

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Procedural Posture

Civil Claim for Damages Under the Motor Accidents Compensation Act 1999 (nsw) Arising From a Motor Vehicle Accident and Alleged Negligence / Principal Judgment After Trial

Legal Issues

  1. 1 ['What injuries, if any, were caused to the plaintiff by the motor vehicle accident on 11 October 2014.' 'Whether the plaintiff was contributorily negligent.' "Whether the defendant's admitted breach of duty caused the plaintiff's physical and psychiatric injuries." "Whether the plaintiff's future earning capacity was affected because he was less likely to become a commercial pilot." 'What damages should be awarded for past out-of-pocket expenses, future out-of-pocket expenses, past economic loss and loss of future earning capacity.' 'Whether allegations that medical documents were backdated and that the plaintiff gave false or misleading evidence should be accepted.']

Ratio Decidendi

Because the defendant carelessly entered Belmore Road from Washington Avenue and collided with the plaintiff's vehicle, and because there was no evidence that the plaintiff failed to take reasonable care for his own safety, contributory negligence was not established. The accident caused resolved chest pain, soft tissue injuries including continuing limited lumbar pain and tenderness, and mild to moderate PTSD. The plaintiff did not prove ongoing significant right shoulder or neck restrictions caused by the accident, and much of his claimed disability was exaggerated. The plaintiff nevertheless proved that, but for the accident, his most likely course was to save money, return to pilot...

Court Disposition

Judgment for the plaintiff; damages assessed at $51,436.70; defendant to pay the plaintiff's costs as agreed or assessed, subject to liberty to seek a different costs order within 14 days.

Orders

  • ['Judgment for the plaintiff.' "The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed." 'Leave to the parties to seek within 14 days a different costs order to that set out in order 2 above.' 'The parties are to bring in agreed short minutes of order within seven days reflecting...