McPherson v Dowell [2018] NSWDC 348

McPherson v Dowell [2018] NSWDC 348

The plaintiff established on the balance of probabilities that she suffered soft tissue injuries (to the neck, right hip, left shoulder, lumbar spine, right knee and right thumb) as a result of being struck by the defendant's reversing motor vehicle. However, her ongoing disabilities and need for future care and domestic assistance were significantly contributed to by pre-existing degenerative and traumatic conditions, in particular the serious left knee injury shortly before the accident and chronic neck and back problems. The defendant did not establish contributory negligence by the plaintiff. The court's award for future care and out-of-pocket expenses reflected a substantial discount...

Jurisdiction
Australia
Judgment Date
21 November 2018
Procedural Posture
Civil Negligence (motor Vehicle Accident) / Principal Judgment After Trial
Outcome
Judgment for the plaintiff against the defendant. Costs reserved for further submissions or agreement.
Legal Topics
['negligence' 'motor Vehicle Accidents' 'contributory Negligence' 'causation' 'assessment of Damages' 'quantification of Damages' 'pre Existing Medical Condition' 'liability' 'future Care and Assistance']
['tort Law' 'personal Injury'] ['negligence' 'motor Vehicle Accidents' 'contributory Negligence' 'causation' 'assessment of Damages' 'quantification of Damages' 'pre Existing Medical Condition' 'liability' 'future Care and Assistance']

Case Brief

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Procedural Posture

Civil Negligence (motor Vehicle Accident) / Principal Judgment After Trial

Legal Issues

  1. 1 ['Liability for injuries arising from a motor vehicle accident' "Extent to which damages were caused or contributed to by the plaintiff's pre-existing medical conditions and injuries" 'Whether the plaintiff was guilty of contributory negligence and, if so, the reduction in damages' 'Causation of injury and damages under the Civil Liability Act 2002 (NSW) and Motor Accidents Compensation Act 1999 (NSW)' 'Assessment of damages for past and future out-of-pocket expenses and future care']

Ratio Decidendi

The plaintiff established on the balance of probabilities that she suffered soft tissue injuries (to the neck, right hip, left shoulder, lumbar spine, right knee and right thumb) as a result of being struck by the defendant's reversing motor vehicle. However, her ongoing disabilities and need for future care and domestic assistance were significantly contributed to by pre-existing degenerative and traumatic conditions, in particular the serious left knee injury shortly before the accident and chronic neck and back problems. The defendant did not establish contributory negligence by the plaintiff. The court's award for future care and out-of-pocket expenses reflected a substantial discount...

Court Disposition

Judgment for the plaintiff against the defendant. Costs reserved for further submissions or agreement.

Orders

  • ['Judgment for the plaintiff against the defendant.' 'Cost determination reserved for future submission or agreement.' 'Parties to bring in agreed short minutes of order within 14 days reflecting these reasons for decision.' "Liberty to apply to the Associate to Dicker DCJ on three business days' notice." 'Exhibits...