Safi v Zhao [2009] NSWDC 103

Safi v Zhao [2009] NSWDC 103

The subject 2005 motor accident caused only a temporary aggravation of the plaintiff’s pre-existing condition from previous accidents, with all injuries resolving to the pre-accident state within a relatively short period. The plaintiff is entitled to damages (including for out-of-pocket expenses, economic loss for a twelve-month period, lost superannuation, and past gratuitous care) only to the extent that temporary aggravation persisted, resulting in a verdict for $20,250.70.

Parties
Plaintiff: Mohammed Safi; Defendant: Kun Zhao
Jurisdiction
Australia
Judgment Date
29 May 2009
Procedural Posture
Tort Motor Vehicle Accident Negligence / Assessment of Damages After Liability Admitted
Outcome
Judgment for plaintiff; quantum of $20,250.70. Costs reserved pending further submissions.
Legal Topics
Negligence, Assessment of Damages, Effect of Pre Existing Injuries, Gratuitous Attendant Care, Economic Loss
Torts Motor Vehicle Accidents Personal Injury Negligence Assessment of Damages Effect of Pre Existing Injuries Gratuitous Attendant Care Economic Loss

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Parties

Mohammed Safi

Plaintiff

Kun Zhao

Defendant

Procedural Posture

Tort Motor Vehicle Accident Negligence / Assessment of Damages After Liability Admitted

Legal Issues

  1. 1 What damages are recoverable by the plaintiff for injuries sustained in the 2005 motor vehicle accident, given pre-existing injuries and admitted liability?
  2. 2 To what extent did the 2005 accident aggravate the plaintiff's pre-existing condition, and what damages flow from any such aggravation?

Ratio Decidendi

The subject 2005 motor accident caused only a temporary aggravation of the plaintiff’s pre-existing condition from previous accidents, with all injuries resolving to the pre-accident state within a relatively short period. The plaintiff is entitled to damages (including for out-of-pocket expenses, economic loss for a twelve-month period, lost superannuation, and past gratuitous care) only to the extent that temporary aggravation persisted, resulting in a verdict for $20,250.70.

Court Disposition

Judgment for plaintiff; quantum of $20,250.70. Costs reserved pending further submissions.

Orders

  • The plaintiff is entitled to a verdict against the defendant in the amount of $20,250.70.
  • The parties will be heard on costs before final orders are made.