Cupac v Cannone [2014] NSWDC 16

Cupac v Cannone [2014] NSWDC 16

The plaintiff established that he suffered soft tissue injuries to the neck, back and right shoulder from the accident, causing continuing but reducing incapacity and loss of earning capacity; damages were assessed on this basis, with a total award calculated after adjustment for payments already received.

Jurisdiction
Australia
Judgment Date
21 March 2014
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['assessment of Damages' 'negligence' 'causation' 'personal Injury' 'economic Loss']
['torts' 'motor Vehicle Accidents'] ['assessment of Damages' 'negligence' 'causation' 'personal Injury' 'economic Loss']

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ["Whether the defendant's admitted negligence caused the plaintiff's claimed injuries and consequent losses" 'Assessment of damages to be awarded, including calculation of past and future economic loss, superannuation, and other heads of damage' 'Whether the plaintiff failed to mitigate his loss']

Ratio Decidendi

The plaintiff established that he suffered soft tissue injuries to the neck, back and right shoulder from the accident, causing continuing but reducing incapacity and loss of earning capacity; damages were assessed on this basis, with a total award calculated after adjustment for payments already received.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of $266,361.82' 'Court to hear the parties on costs']