GRILZ v LANE; GRILZ v MANTEIT [1996] NSWCA 232

GRILZ v LANE; GRILZ v MANTEIT [1996] NSWCA 232

Upon a true assessment of the contemporaneous medical evidence, particularly Dr Segelov's reports and the unchallenged evidence from the appellant, the accidents rendered the appellant unemployable as a taxi driver, and the award for economic loss should reflect total loss of earning capacity from sale of taxi in 1977 to age 65, with general damages increased to $50,000. No separate damages awarded for taxi plate sale as this overlaps with loss of earnings. Interest should be allowed for the full period, not reduced due to plaintiff's solicitors’ delay.

Parties
Appellant: Grilz; Respondent: Lane; Respondent: Manteit
Jurisdiction
Australia
Judgment Date
18 June 1996
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
Appeal allowed. Judgment of trial judge set aside. Judgment entered for appellant.
Legal Topics
Assessment of Damages, Medical Evidence, Loss of Earning Capacity
Torts Personal Injury Assessment of Damages Medical Evidence Loss of Earning Capacity

Case Brief

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Parties

Grilz

Appellant

Lane

Respondent

Manteit

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the trial judge erred in assessing damages, particularly for economic loss and general damages resulting from two motor vehicle accidents
  2. 2 Whether medical evidence supported the trial judge's findings regarding the appellant's incapacity and effort to find alternative employment
  3. 3 Whether damages for early sale of taxi plates should be awarded

Ratio Decidendi

Upon a true assessment of the contemporaneous medical evidence, particularly Dr Segelov's reports and the unchallenged evidence from the appellant, the accidents rendered the appellant unemployable as a taxi driver, and the award for economic loss should reflect total loss of earning capacity from sale of taxi in 1977 to age 65, with general damages increased to $50,000. No separate damages awarded for taxi plate sale as this overlaps with loss of earnings. Interest should be allowed for the full period, not reduced due to plaintiff's solicitors’ delay.

Court Disposition

Appeal allowed. Judgment of trial judge set aside. Judgment entered for appellant.

Orders

  • Judgment of McLoughlin ADCJ in matters 15325 of 1979 and 15327 of 1979 be set aside.
  • Judgment entered in favour of the appellant in each action in the sum of $150,808.50.