Vasa v Ubiparipovic & Anor [2017] NSWDC 269

Vasa v Ubiparipovic & Anor [2017] NSWDC 269

The plaintiff suffered musculo-ligamentous injuries to her neck, both shoulders and lower back, with consequent physical and psychological disabilities including morbid obesity, caused or materially contributed to by the admitted negligence of the defendants. These disabilities, together with educational and motivational disruption, have led to quantifiable losses in future earning capacity, treatment needs, and domestic assistance. In the face of uncertainties due to age, buffer sums are appropriate for those heads, based on credible plaintiff evidence, expert medical support (preferencing Dr Habib and Dr Bodel over Dr Gibson/Myers), and causative links supported by contemporaneous and...

Parties
Plaintiff: Hazel Vasa; First Defendant: Jadranka Ubiparipovic; Second Defendant: DJ Construction & Rendering Pty Ltd
Jurisdiction
Australia
Judgment Date
04 October 2017
Procedural Posture
Civil / Judgment After Hearing on Damages
Outcome
Judgment for the plaintiff—damages assessed
Legal Topics
Negligence—liability Admitted, Damages—economic Loss Assessment, Assessment of Medical Evidence
Torts Personal Injury Motor Vehicle Accident Negligence—liability Admitted Damages—economic Loss Assessment Assessment of Medical Evidence

Case Brief

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Parties

Hazel Vasa

Plaintiff

Jadranka Ubiparipovic

First Defendant

DJ Construction & Rendering Pty Ltd

Second Defendant

Procedural Posture

Civil / Judgment After Hearing on Damages

Legal Issues

  1. 1 What injuries did the plaintiff sustain in the motor vehicle collision?
  2. 2 What are the ongoing effects and disabilities arising from those injuries?
  3. 3 What is the proper assessment of damages including economic loss, treatment, and domestic assistance?

Ratio Decidendi

The plaintiff suffered musculo-ligamentous injuries to her neck, both shoulders and lower back, with consequent physical and psychological disabilities including morbid obesity, caused or materially contributed to by the admitted negligence of the defendants. These disabilities, together with educational and motivational disruption, have led to quantifiable losses in future earning capacity, treatment needs, and domestic assistance. In the face of uncertainties due to age, buffer sums are appropriate for those heads, based on credible plaintiff evidence, expert medical support (preferencing Dr Habib and Dr Bodel over Dr Gibson/Myers), and causative links supported by contemporaneous and...

Court Disposition

Judgment for the plaintiff—damages assessed

Orders

  • Verdict and judgment for the plaintiff in the amount of $125,008.25;
  • The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;