STEPHENSON v TOMS & ANOR and STEPHENSON v MORABITO & ORS [2001] NSWCA 72

STEPHENSON v TOMS & ANOR and STEPHENSON v MORABITO & ORS [2001] NSWCA 72

It was open to the trial Judge on the evidence to find that the plaintiff suffered from a diffuse spinal degenerative disease not caused by the accidents, that the effects of the 1978 accident were exhausted before 1985, and that as at the date of trial the plaintiff's ability to lead a normal life was not significantly impaired by the accidents, precluding recovery for non-economic loss. The trial Judge's findings on liability and quantum were therefore correct and not susceptible to appellate interference.

Jurisdiction
Australia
Judgment Date
05 April 2001
Procedural Posture
Appeals From District Court Negligence Decisions / Appeal Judgment
Outcome
Appeals dismissed with costs.
Legal Topics
['negligence' 'damages Assessment' 'motor Vehicle Accidents' 'causation' 'personal Injury']
['tort Law'] ['negligence' 'damages Assessment' 'motor Vehicle Accidents' 'causation' 'personal Injury']

Case Brief

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Procedural Posture

Appeals From District Court Negligence Decisions / Appeal Judgment

Legal Issues

  1. 1 ["Whether trial Judge was correct in finding the plaintiff's suffering was due to a spinal degenerative disease rather than the accidents" 'Whether the trial Judge was correct in finding that plaintiff failed to establish that their ability to lead a normal life was significantly impaired by the accident']

Ratio Decidendi

It was open to the trial Judge on the evidence to find that the plaintiff suffered from a diffuse spinal degenerative disease not caused by the accidents, that the effects of the 1978 accident were exhausted before 1985, and that as at the date of trial the plaintiff's ability to lead a normal life was not significantly impaired by the accidents, precluding recovery for non-economic loss. The trial Judge's findings on liability and quantum were therefore correct and not susceptible to appellate interference.

Court Disposition

Appeals dismissed with costs.

Orders

  • ['Appeals dismissed with costs.']