TALBOT v DEAMER [2007] NSWDC 174

TALBOT v DEAMER [2007] NSWDC 174

The plaintiff established chronic post-traumatic stress disorder and depression caused by the motor vehicle incident, and the accident accelerated and exacerbated his pre-existing heart disease. The whole person impairment certificate based on cardiovascular disease-angina was conclusive for non-economic loss, and in any event was supported by substantial medical evidence. Damages were assessed for non-economic loss, past and future economic loss, superannuation, domestic care and out-of-pocket expenses.

Jurisdiction
Australia
Judgment Date
23 August 2007
Procedural Posture
Civil Motor Accident Personal Injury Claim / Judgment After Hearing on Damages and Causation; Liability Accepted by the Defendant
Outcome
Verdict and judgment for the plaintiff in the sum of $778,079.40, with costs.
Legal Topics
['post Traumatic Stress Disorder' 'cardiovascular Disease and Angina' 'causation' 'whole Person Impairment Certificate' 'non Economic Loss' 'economic Loss' 'domestic Care Damages' 'costs']
['personal Injury' 'motor Accidents Compensation' 'damages'] ['post Traumatic Stress Disorder' 'cardiovascular Disease and Angina' 'causation' 'whole Person Impairment Certificate' 'non Economic Loss' 'economic Loss' 'domestic Care Damages' 'costs']

Case Brief

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Procedural Posture

Civil Motor Accident Personal Injury Claim / Judgment After Hearing on Damages and Causation; Liability Accepted by the Defendant

Legal Issues

  1. 1 ["Whether the severity and ongoing consequences of the plaintiff's post-traumatic stress disorder were established" "Whether the plaintiff's cardiovascular disease causing angina was caused by the motor vehicle accident or whether a pre-existing condition was exacerbated by the accident" 'Whether the Medical Assessment Service certificate on whole person impairment was conclusive as to injury caused by the motor accident' 'Assessment of damages']

Ratio Decidendi

The plaintiff established chronic post-traumatic stress disorder and depression caused by the motor vehicle incident, and the accident accelerated and exacerbated his pre-existing heart disease. The whole person impairment certificate based on cardiovascular disease-angina was conclusive for non-economic loss, and in any event was supported by substantial medical evidence. Damages were assessed for non-economic loss, past and future economic loss, superannuation, domestic care and out-of-pocket expenses.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $778,079.40, with costs.

Orders

  • ['There will be verdict and judgment for the plaintiff in the sum of $778,079.40.' "The defendant is to pay the plaintiff's costs of the proceedings." 'The exhibits will be retained for twenty-eight days.' 'The parties have liberty to restore the matter to the list within seven days in the event that there is any...