Rossiter v De Marco [2014] NSWDC 384

Rossiter v De Marco [2014] NSWDC 384

The plaintiff suffered a chronic psychiatric injury caused by her partner's death and, whether classified as PTSD or adjustment disorder, the condition materially impaired her capacity to work full time in her hospitality and sales roles. Her move from Wagga Wagga to Tuross Heads was therapeutic, and the consequential unemployment and reduced earnings were compensable. On the accepted calculations, including past and future economic loss, out-of-pocket expenses and loss of the employment vehicle, judgment was entered for $327,520, with indemnity costs after the plaintiff beat her offer of compromise.

Jurisdiction
Australia
Judgment Date
23 May 2014
Procedural Posture
Civil Tort Negligence Motor Accident Claim for Pure Mental Harm / Assessment of Damages Only
Outcome
Judgment and verdict for the plaintiff against the defendant for $327,520.
Legal Topics
['pure Mental Harm' 'negligence' 'psychiatric Injury' 'assessment of Damages' 'economic Loss' 'mitigation of Damages' 'indemnity Costs']
['torts' 'personal Injury' 'motor Accident Claims' 'costs'] ['pure Mental Harm' 'negligence' 'psychiatric Injury' 'assessment of Damages' 'economic Loss' 'mitigation of Damages' 'indemnity Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil Tort Negligence Motor Accident Claim for Pure Mental Harm / Assessment of Damages Only

Legal Issues

  1. 1 ["The proper diagnosis and extent of the plaintiff's psychiatric injury following the death of her partner." 'Whether the plaintiff remained capable of full-time work in hospitality or in her former Fosters Group role.' 'Whether the plaintiff was entitled to economic loss flowing from her therapeutic move from Wagga Wagga to Tuross Heads.' 'The assessment of past and future economic loss, loss of use of a motor vehicle, out-of-pocket expenses, and costs.']

Ratio Decidendi

The plaintiff suffered a chronic psychiatric injury caused by her partner's death and, whether classified as PTSD or adjustment disorder, the condition materially impaired her capacity to work full time in her hospitality and sales roles. Her move from Wagga Wagga to Tuross Heads was therapeutic, and the consequential unemployment and reduced earnings were compensable. On the accepted calculations, including past and future economic loss, out-of-pocket expenses and loss of the employment vehicle, judgment was entered for $327,520, with indemnity costs after the plaintiff beat her offer of compromise.

Court Disposition

Judgment and verdict for the plaintiff against the defendant for $327,520.

Orders

  • ['Verdict and judgment for the plaintiff against the defendant for $327,520.' "The defendant is to pay the plaintiff's costs on the usual basis until 23 January 2014 and thereafter on the indemnity basis."]