Isho v Skupien [2014] NSWDC 115

Isho v Skupien [2014] NSWDC 115

The plaintiff was contributorily negligent because he crossed against a red pedestrian light and failed to look for a lawful left-turning vehicle, while the defendant also failed to exercise sufficient vigilance before turning left against a red light. The plaintiff bore greater responsibility and his contributory negligence was assessed at 65%. On the balance of probabilities, the court accepted the treating doctors' evidence that the accident caused ongoing injuries and some work restrictions, but the plaintiff's poor employment history and limited evidence of realising earning capacity justified only limited awards for economic loss. Total damages of $73,179 were reduced by 65%,...

Jurisdiction
Australia
Judgment Date
12 May 2014
Procedural Posture
TORTS Negligence Road Accident Collision Between Car and Bicycle / Principal Judgment
Outcome
Judgment for the plaintiff in the sum of $25,613.00
Legal Topics
['contributory Negligence' 'road Accident' 'collision Between Car and Bicycle' 'apportionment of Liability' 'standard of Proof' 'conflicting Medical Evidence' 'future Economic Loss' 'earning Capacity']
['torts' 'negligence' 'damages'] ['contributory Negligence' 'road Accident' 'collision Between Car and Bicycle' 'apportionment of Liability' 'standard of Proof' 'conflicting Medical Evidence' 'future Economic Loss' 'earning Capacity']

Case Brief

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Procedural Posture

TORTS Negligence Road Accident Collision Between Car and Bicycle / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiff should share responsibility for the accident by reason of contributory negligence.' 'What apportionment of liability was just and equitable between the plaintiff cyclist and defendant driver.' "Whether the plaintiff's alleged injuries and disabilities were established on the balance of probabilities despite conflicting medical evidence." 'What damages, including future economic loss and future out of pocket expenses, should be awarded.']

Ratio Decidendi

The plaintiff was contributorily negligent because he crossed against a red pedestrian light and failed to look for a lawful left-turning vehicle, while the defendant also failed to exercise sufficient vigilance before turning left against a red light. The plaintiff bore greater responsibility and his contributory negligence was assessed at 65%. On the balance of probabilities, the court accepted the treating doctors' evidence that the accident caused ongoing injuries and some work restrictions, but the plaintiff's poor employment history and limited evidence of realising earning capacity justified only limited awards for economic loss. Total damages of $73,179 were reduced by 65%,...

Court Disposition

Judgment for the plaintiff in the sum of $25,613.00

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $25,613.']