FIACCHI V. MANNION 6/1960

The findings on negligence, apportionment of blame, and quantum of damages by the trial judge were justified on the evidence and involved no error warranting appellate interference.

Parties: Appellant: Fiacchi; Respondent: Mannion
Jurisdiction: Australia
Judgment Date: 21 September 1960
Procedural Posture: Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Personal Injury, Negligence, Apportionment of Damages, Assessment of Damages

Tort Law Personal Injury Negligence Apportionment of Damages Assessment of Damages

Case Brief

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Parties

Fiacchi

Appellant

Mannion

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the trial judge erred in finding negligence on the part of the defendant
2 Whether the apportionment of blame between plaintiff and defendant was appropriate
3 Whether the amount of damages awarded was excessive

Ratio Decidendi

The findings on negligence, apportionment of blame, and quantum of damages by the trial judge were justified on the evidence and involved no error warranting appellate interference.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs