Robson v Gould & Anor [2011] NSWDC 176

Robson v Gould & Anor [2011] NSWDC 176

The first defendant bore the bulk of responsibility because she failed to give way and did not see a motorcycle she should have seen. The plaintiff was not contributorily negligent by wearing her uniform or by failing to take evasive action, but was contributorily negligent by not illuminating her motorcycle headlight, which would have significantly increased her visibility. Contributory negligence was assessed at 7.5%. Damages assessed at $868,831.30 were reduced for contributory negligence to $803,668.96, for which judgment was entered for the plaintiff.

Jurisdiction
Australia
Judgment Date
17 November 2011
Procedural Posture
Civil Personal Injury Claim Arising From a Motor Vehicle Accident / Principal Judgment After Hearing on Liability for Contributory Negligence and Assessment of Damages
Outcome
Verdict and judgment for the plaintiff in the sum of $803,668.96, with costs payable by the defendants.
Legal Topics
['contributory Negligence' 'motorcycle Collision' 'non Economic Loss' 'past and Future Economic Loss' 'domestic Assistance' 'superannuation Benefits' 'housing Subsidy']
['personal Injury' 'motor Accidents' 'negligence' 'damages'] ['contributory Negligence' 'motorcycle Collision' 'non Economic Loss' 'past and Future Economic Loss' 'domestic Assistance' 'superannuation Benefits' 'housing Subsidy']

Case Brief

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Procedural Posture

Civil Personal Injury Claim Arising From a Motor Vehicle Accident / Principal Judgment After Hearing on Liability for Contributory Negligence and Assessment of Damages

Legal Issues

  1. 1 ['Whether the plaintiff was contributorily negligent by wearing camouflage uniform, not illuminating her motorcycle headlight, or failing to take evasive action.' 'What percentage reduction should be made for contributory negligence.' 'What damages should be awarded for non-economic loss, economic loss, superannuation, housing subsidy, domestic assistance, and out of pocket expenses.']

Ratio Decidendi

The first defendant bore the bulk of responsibility because she failed to give way and did not see a motorcycle she should have seen. The plaintiff was not contributorily negligent by wearing her uniform or by failing to take evasive action, but was contributorily negligent by not illuminating her motorcycle headlight, which would have significantly increased her visibility. Contributory negligence was assessed at 7.5%. Damages assessed at $868,831.30 were reduced for contributory negligence to $803,668.96, for which judgment was entered for the plaintiff.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $803,668.96, with costs payable by the defendants.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $803,668.96.' "The defendants are to pay the plaintiff's costs of the proceedings."]