Marie Kuban v Hunter Valley Gardens Pty Ltd t/as Harrigan’s Irish Pub and Accommodation [2015] NSWDC 245

Marie Kuban v Hunter Valley Gardens Pty Ltd t/as Harrigan’s Irish Pub and Accommodation [2015] NSWDC 245

Because liability was admitted, the Court assessed damages only. The fall caused ongoing lower back and left leg pain, right shoulder and arm symptoms, and a left buttock deformity requiring revision surgery, but the plaintiff did not prove Persistent Depressive Disorder caused by the fall. Her injuries caused significant non-economic loss and a future loss of earning capacity, and justified allowances for out-of-pocket expenses, surgery-related economic loss, superannuation loss and commercial cleaning services. The statutory requirements for gratuitous attendant care services were not satisfied.

Jurisdiction
Australia
Judgment Date
08 April 2015
Procedural Posture
Civil Personal Injury Damages Claim / Assessment of Damages After Admission of Duty of Care and Breach
Outcome
Verdict and judgment for the plaintiff in the sum of $243,236.00; costs reserved for further hearing.
Legal Topics
['slip and Fall' 'occupiers Liability' 'non Economic Loss' 'future Economic Loss' 'out of Pocket Expenses' 'commercial Services' 'gratuitous Attendant Care Services' 'superannuation Loss']
['civil Liability' 'personal Injury' 'damages'] ['slip and Fall' 'occupiers Liability' 'non Economic Loss' 'future Economic Loss' 'out of Pocket Expenses' 'commercial Services' 'gratuitous Attendant Care Services' 'superannuation Loss']

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Procedural Posture

Civil Personal Injury Damages Claim / Assessment of Damages After Admission of Duty of Care and Breach

Legal Issues

  1. 1 ["What injuries were caused by the plaintiff's fall on the defendant's premises." 'Whether the plaintiff established Persistent Depressive Disorder caused by the fall.' 'How damages for non-economic loss should be assessed under the Civil Liability Act 2002.' 'Whether the plaintiff suffered future loss of earning capacity as a result of her injuries.' 'Whether damages should be awarded for gratuitous attendant care services or commercial services.']

Ratio Decidendi

Because liability was admitted, the Court assessed damages only. The fall caused ongoing lower back and left leg pain, right shoulder and arm symptoms, and a left buttock deformity requiring revision surgery, but the plaintiff did not prove Persistent Depressive Disorder caused by the fall. Her injuries caused significant non-economic loss and a future loss of earning capacity, and justified allowances for out-of-pocket expenses, surgery-related economic loss, superannuation loss and commercial cleaning services. The statutory requirements for gratuitous attendant care services were not satisfied.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $243,236.00; costs reserved for further hearing.

Orders

  • ['There will be a verdict for the plaintiff in the sum of $243,236.00 and judgment accordingly.' 'The Court will hear the parties on the question of costs.']