Kanar Saber v Omar Ali and the Nominal Defendant [2011] NSWDC 159

Kanar Saber v Omar Ali and the Nominal Defendant [2011] NSWDC 159

The first defendant was not negligent because he was confronted with a sudden emergency created by the unidentified driver and acted in the agony of the moment. The unidentified driver was solely responsible because that driver failed to heed the presence of the first defendant's car, attempted to change lanes when there was neither time nor space to do so, failed to give way, or alternatively failed to steer, control or properly manoeuvre the car. The plaintiff suffered a severe accident-caused psychiatric condition that materially increased her need for treatment and domestic and personal assistance, and damages were assessed at $380,667.40 against the second defendant.

Jurisdiction
Australia
Judgment Date
13 October 2011
Procedural Posture
Civil Personal Injury Claim Arising From Car Accident / Principal Judgment After Hearing
Outcome
Verdict and judgment for the first defendant; verdict and judgment for the plaintiff against the second defendant in the amount of $380,667.40.
Legal Topics
['car Accident Liability' 'nominal Defendant' 'unidentified Driver' 'agony of the Moment' 'psychiatric Injury' 'jones V Dunkel Inference' 'domestic Assistance' 'out of Pocket Expenses']
['civil Law' 'negligence' 'motor Accidents' 'personal Injury Damages'] ['car Accident Liability' 'nominal Defendant' 'unidentified Driver' 'agony of the Moment' 'psychiatric Injury' 'jones V Dunkel Inference' 'domestic Assistance' 'out of Pocket Expenses']

Case Brief

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Procedural Posture

Civil Personal Injury Claim Arising From Car Accident / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the first defendant or the unidentified driver represented by the Nominal Defendant was responsible for the accident.' 'Whether the first defendant was negligent in swerving rather than braking or sounding his horn when the other car veered towards his vehicle.' 'What injury the plaintiff sustained in the accident and whether the accident caused an increased need for treatment and attendant care or domestic assistance.' 'What damages should be awarded against the second defendant.']

Ratio Decidendi

The first defendant was not negligent because he was confronted with a sudden emergency created by the unidentified driver and acted in the agony of the moment. The unidentified driver was solely responsible because that driver failed to heed the presence of the first defendant's car, attempted to change lanes when there was neither time nor space to do so, failed to give way, or alternatively failed to steer, control or properly manoeuvre the car. The plaintiff suffered a severe accident-caused psychiatric condition that materially increased her need for treatment and domestic and personal assistance, and damages were assessed at $380,667.40 against the second defendant.

Court Disposition

Verdict and judgment for the first defendant; verdict and judgment for the plaintiff against the second defendant in the amount of $380,667.40.

Orders

  • ['Verdict for the first defendant.' 'Verdict for the plaintiff against the second defendant in the amount of $380,667.40.' 'Judgment for the first defendant.' 'Judgment for the plaintiff against the second defendant in the amount of $380,667.40.' "The second defendant is to pay the plaintiff's costs of the...