Edmiston v Coles Myer Ltd [2008] NSWDC 155

Edmiston v Coles Myer Ltd [2008] NSWDC 155

The only evidence on liability showed that the shelf was overloaded to the point where its supporting brackets buckled, establishing breach of the defendant's duty of care. Although the plaintiff was not completely frank and had pre-existing cervical spine degeneration, knee problems and some exaggeration in her presentation, the incident exacerbated the degenerative condition of her cervical spine and caused persistent chronic symptoms not present before the incident. Damages were therefore awarded, reduced or limited to reflect pre-existing conditions, age and evidentiary findings.

Jurisdiction
Australia
Judgment Date
24 July 2008
Procedural Posture
Civil Tort Negligence Claim for Personal Injury Damages / Ex Tempore Judgment After Hearing
Outcome
Verdict and judgment for the plaintiff in the sum of $86,728.
Legal Topics
['boxes Fell From Supermarket Shelf' 'assessment of Damages' 'pre Existing Degenerative Conditions' 'non Economic Loss' 'future Income Earning Capacity' 'domestic Care' 'medical Expenses']
['tort' 'negligence' 'personal Injury' 'damages'] ['boxes Fell From Supermarket Shelf' 'assessment of Damages' 'pre Existing Degenerative Conditions' 'non Economic Loss' 'future Income Earning Capacity' 'domestic Care' 'medical Expenses']

Case Brief

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Procedural Posture

Civil Tort Negligence Claim for Personal Injury Damages / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant breached its duty of care in the stacking of the shelf from which boxes fell onto the plaintiff.' "The extent to which the incident caused or contributed to the plaintiff's current physical condition having regard to pre-existing cervical spine degeneration, knee injuries and use of Panadeine Forte." 'The proper assessment of damages for non-economic loss, income loss, domestic care and medical expenses.']

Ratio Decidendi

The only evidence on liability showed that the shelf was overloaded to the point where its supporting brackets buckled, establishing breach of the defendant's duty of care. Although the plaintiff was not completely frank and had pre-existing cervical spine degeneration, knee problems and some exaggeration in her presentation, the incident exacerbated the degenerative condition of her cervical spine and caused persistent chronic symptoms not present before the incident. Damages were therefore awarded, reduced or limited to reflect pre-existing conditions, age and evidentiary findings.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $86,728.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $86,728.' "The defendant is to pay the plaintiff's costs of the proceedings." 'The exhibits may be returned.']