Russell v Chyzy [2014] NSWDC 9

Russell v Chyzy [2014] NSWDC 9

The defendant breached her duty of care by turning across the plaintiff's path without ensuring the lane was clear, either failing to look for oncoming traffic or doing so when visibility was obscured. The plaintiff was contributorily negligent in failing to slow to the speed limit and failing to take earlier precaution to avoid the collision. Damages are reduced by 25% for contributory negligence.

Parties
Plaintiff: Gary Neil Russell; Defendant: Erin Maree Chyzy
Jurisdiction
Australia
Judgment Date
13 March 2014
Procedural Posture
Civil / Principal Judgment
Outcome
Verdict for the plaintiff. Damages reduced by 25% for contributory negligence.
Legal Topics
Motor Vehicle Accident, Negligence, Contributory Negligence, Assessment of Liability, Expert Evidence, Damages
Civil Law Personal Injury Motor Vehicle Accident Negligence Contributory Negligence Assessment of Liability Expert Evidence Damages

Case Brief

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Parties

Gary Neil Russell

Plaintiff

Erin Maree Chyzy

Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether the defendant breached duty of care in turning across the plaintiff's path
  2. 2 Whether the plaintiff was contributorily negligent in exceeding the speed limit or failing to take evasive action
  3. 3 Causation and apportionment of responsibility for accident

Ratio Decidendi

The defendant breached her duty of care by turning across the plaintiff's path without ensuring the lane was clear, either failing to look for oncoming traffic or doing so when visibility was obscured. The plaintiff was contributorily negligent in failing to slow to the speed limit and failing to take earlier precaution to avoid the collision. Damages are reduced by 25% for contributory negligence.

Court Disposition

Verdict for the plaintiff. Damages reduced by 25% for contributory negligence.

Orders

  • Verdict for the plaintiff.
  • The plaintiff's damages are to be reduced by 25% to take account of his contributory negligence.