Kraus v Sartori [2016] NSWDC 102

Kraus v Sartori [2016] NSWDC 102

The plaintiff suffered severe accident-related physical injuries and a serious, chronic psychotic condition with no reasonable prospect of cure. Those injuries left him with no measurable residual earning capacity, although a 20% deduction for vicissitudes and possible intermittent work was appropriate, and required future paid care averaging 15 hours per week. On the accepted and assessed heads of damage, damages were assessed at $1,768,833.20 before adjustments for contributory negligence, Section 83 payments and funds management.

Jurisdiction
Australia
Judgment Date
06 June 2016
Procedural Posture
Civil Motor Accident Damages Claim / Assessment of Damages After Primary Liability Was Admitted and Contributory Negligence Was Agreed
Outcome
Damages assessed at $1,768,833.20, with final judgment to be adjusted for contributory negligence, Section 83 payments and funds management.
Legal Topics
['assessment of Damages' 'psychiatric Injury' 'economic Loss' 'future Care' 'non Economic Loss' 'contributory Negligence' 'funds Management']
['personal Injury' 'motor Accidents' 'damages'] ['assessment of Damages' 'psychiatric Injury' 'economic Loss' 'future Care' 'non Economic Loss' 'contributory Negligence' 'funds Management']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Motor Accident Damages Claim / Assessment of Damages After Primary Liability Was Admitted and Contributory Negligence Was Agreed

Legal Issues

  1. 1 ["What damages should be assessed for the plaintiff's injuries arising from the motor vehicle accident." "Whether the plaintiff's psychotic condition was causally related to the accident and affected his earning capacity and care needs." 'What allowances should be made for non-economic loss, out of pocket expenses, past and future economic loss, superannuation, gratuitous care and future paid care.']

Ratio Decidendi

The plaintiff suffered severe accident-related physical injuries and a serious, chronic psychotic condition with no reasonable prospect of cure. Those injuries left him with no measurable residual earning capacity, although a 20% deduction for vicissitudes and possible intermittent work was appropriate, and required future paid care averaging 15 hours per week. On the accepted and assessed heads of damage, damages were assessed at $1,768,833.20 before adjustments for contributory negligence, Section 83 payments and funds management.

Court Disposition

Damages assessed at $1,768,833.20, with final judgment to be adjusted for contributory negligence, Section 83 payments and funds management.

Orders

  • ['Damages assessed at $1,768,833.20.' 'The assessed total must be adjusted to take into account the agreement on contributory negligence, the Section 83 payments of $1,094.34 and the addition of funds management.' "The defendants should pay the plaintiff's costs, subject to hearing the parties if any other costs...