Serrao v Cornelius [2015] NSWDC 4

Serrao v Cornelius [2015] NSWDC 4

The defendant was negligent in driving while affected by alcohol, travelling at least partly off the carriageway, and failing to maintain proper control, which caused the collision with the plaintiff. The plaintiff was contributorily negligent by walking along the gravel verge adjacent to the road, in dark clothing, under the influence of alcohol, and in the direction of traffic, thus failing to have sufficient regard for his own safety. Damages are to be reduced by 40% for contributory negligence.

Parties
Plaintiff: Mr Daniel Serrao; Defendant: Ms Claire Cornelius
Jurisdiction
Australia
Judgment Date
06 February 2015
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff, subject to a 40% reduction for contributory negligence.
Legal Topics
Motor Vehicle Accident, Negligence, Contributory Negligence, Damages
Personal Injury Tort Motor Vehicle Accident Negligence Contributory Negligence Damages

Case Brief

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Parties

Mr Daniel Serrao

Plaintiff

Ms Claire Cornelius

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in operating her vehicle, causing injury to the plaintiff
  2. 2 Whether the defendant had headlights turned on or properly functioning at the time of the collision
  3. 3 Whether the defendant's driving was impaired by alcohol

Ratio Decidendi

The defendant was negligent in driving while affected by alcohol, travelling at least partly off the carriageway, and failing to maintain proper control, which caused the collision with the plaintiff. The plaintiff was contributorily negligent by walking along the gravel verge adjacent to the road, in dark clothing, under the influence of alcohol, and in the direction of traffic, thus failing to have sufficient regard for his own safety. Damages are to be reduced by 40% for contributory negligence.

Court Disposition

Judgment for the plaintiff, subject to a 40% reduction for contributory negligence.

Orders

  • Verdict and judgment for the plaintiff in the sum of $1,241,107.80.
  • Question of damages for funds management to be determined separately (Uniform Civil Procedure Rules 2005, r 28.2).