Kelly Rutland v Robert De Marco [2017] NSWDC 140

Kelly Rutland v Robert De Marco [2017] NSWDC 140

The plaintiff is entitled to damages for psychiatric injury suffered as a result of her sister's death in a motor vehicle accident. The defendant's unpleaded mitigation defence was rejected; even if available, the plaintiff's reasons for not pursuing further treatment were reasonable due to her psychological symptoms and circumstances. The plaintiff established entitlement to heads of damage including past and future economic loss, treatment expenses, care and assistance. The pleaded and medically supported claims were accepted based on lay and expert evidence.

Jurisdiction
Australia
Judgment Date
09 June 2017
Procedural Posture
Civil / Principal Judgment at District Court of New South Wales
Outcome
Judgment for the plaintiff.
Legal Topics
['nervous Shock' 'mitigation of Damages' 'motor Accidents Compensation']
['torts' 'psychiatric Injury'] ['nervous Shock' 'mitigation of Damages' 'motor Accidents Compensation']

Case Brief

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Procedural Posture

Civil / Principal Judgment at District Court of New South Wales

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to damages for psychological injury resulting from the death of her sister in a motor vehicle accident' 'Whether the plaintiff failed to mitigate her damages by not seeking appropriate psychiatric treatment after 2009' 'Assessment of heads of damage: economic loss, treatment expenses, care and assistance']

Ratio Decidendi

The plaintiff is entitled to damages for psychiatric injury suffered as a result of her sister's death in a motor vehicle accident. The defendant's unpleaded mitigation defence was rejected; even if available, the plaintiff's reasons for not pursuing further treatment were reasonable due to her psychological symptoms and circumstances. The plaintiff established entitlement to heads of damage including past and future economic loss, treatment expenses, care and assistance. The pleaded and medically supported claims were accepted based on lay and expert evidence.

Court Disposition

Judgment for the plaintiff.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $291,600.00.' "The defendant is to pay the plaintiff's costs of the proceedings." 'The exhibits are to be returned forthwith.' "Any application for a special costs order is to be made by Notice of Motion and affidavit evidence in support on 5 days' notice to the...