LAVY v VAUGHAN [1996] NSWCA 314

LAVY v VAUGHAN [1996] NSWCA 314

It was open to the trial judge, on the evidence, to find that the plaintiff’s ability to lead a normal life was significantly impaired by the injury to her neck from the second accident, justifying damages for non-economic loss pursuant to s79 of the Motor Accidents Act 1988. The 20% award for non-economic loss and the 40% apportionment for loss of future earning capacity attributable to the second accident could not be said to exceed the bounds of a reasonably exercised discretion.

Parties
Plaintiff: Lavy; Defendant: Vaughan
Jurisdiction
Australia
Judgment Date
20 September 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Motor Vehicle Accident, Damages Assessment, Personal Injury, Non Economic Loss, Loss of Future Earning Capacity, Apportionment of Liability
Tort Law Motor Vehicle Accident Damages Assessment Personal Injury Non Economic Loss Loss of Future Earning Capacity Apportionment of Liability

Case Brief

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Parties

Lavy

Plaintiff

Vaughan

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the plaintiff's ability to lead a normal life significantly impaired by injuries sustained in the second motor vehicle accident within the meaning of s79 of the Motor Accidents Act 1988?
  2. 2 Was the trial judge's award of $27,400 for non-economic loss (20% of a most extreme case) in respect of the second accident excessive?
  3. 3 Did the plaintiff suffer any diminution of future income earning capacity as a result of the second accident, and was the apportionment of 40% to the second accident justified?

Ratio Decidendi

It was open to the trial judge, on the evidence, to find that the plaintiff’s ability to lead a normal life was significantly impaired by the injury to her neck from the second accident, justifying damages for non-economic loss pursuant to s79 of the Motor Accidents Act 1988. The 20% award for non-economic loss and the 40% apportionment for loss of future earning capacity attributable to the second accident could not be said to exceed the bounds of a reasonably exercised discretion.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay the respondent's costs of the appeal.