Joldzic (bht Joldzic) v Patrick [2021] NSWDC 55

Joldzic (bht Joldzic) v Patrick [2021] NSWDC 55

The defendant's admitted negligent driving caused the plaintiff soft tissue physical injuries and factually caused PTSD symptoms, depressive symptoms, and aggravation of anxiety and panic attacks. Those symptoms formed part of the mix of the plaintiff's atypical psychotic disorder, making causation under s 5D(1)(a) and scope of liability under s 5D(1)(b) established. However, the plaintiff had a pre-existing vulnerability and would have developed a highly disabling psychotic disorder in any event; the accident accelerated that condition by about four years, until February 2016. Damages were therefore confined to losses attributable to that acceleration and ongoing accident-related...

Jurisdiction
Australia
Judgment Date
09 March 2021
Procedural Posture
Civil Motor Accident Personal Injury Damages Claim / Principal Judgment After Hearing and Further Written Submissions
Outcome
Judgment for the plaintiff in the sum of $43,983.70, with the judgment sum to be paid into Court pending appointment of a manager of the plaintiff's estate, and costs payable by the defendant.
Legal Topics
['assessment of Damages' 'mental Harm' 'causation' 'scope of Liability' 'pre Existing Psychiatric Vulnerability' 'acceleration of Psychotic Disorder' 'past and Future Out of Pocket Expenses' 'past and Future Earning Capacity']
['motor Accidents' 'negligence' 'personal Injury' 'civil Liability' 'damages'] ['assessment of Damages' 'mental Harm' 'causation' 'scope of Liability' 'pre Existing Psychiatric Vulnerability' 'acceleration of Psychotic Disorder' 'past and Future Out of Pocket Expenses' 'past and Future Earning Capacity']

Case Brief

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Procedural Posture

Civil Motor Accident Personal Injury Damages Claim / Principal Judgment After Hearing and Further Written Submissions

Legal Issues

  1. 1 ['Whether the plaintiff suffered mental harm caused by the January 2012 motor vehicle accident.' "Whether the accident caused PTSD symptoms, aggravated existing anxiety, or accelerated the plaintiff's atypical psychotic disorder." 'Whether factual causation and scope of liability were established under s 5D of the Civil Liability Act 2002 (NSW).' "How damages should be assessed having regard to the plaintiff's pre-existing vulnerability to psychotic disorder and the finding that the accident accelerated a condition that would have occurred in any event."]

Ratio Decidendi

The defendant's admitted negligent driving caused the plaintiff soft tissue physical injuries and factually caused PTSD symptoms, depressive symptoms, and aggravation of anxiety and panic attacks. Those symptoms formed part of the mix of the plaintiff's atypical psychotic disorder, making causation under s 5D(1)(a) and scope of liability under s 5D(1)(b) established. However, the plaintiff had a pre-existing vulnerability and would have developed a highly disabling psychotic disorder in any event; the accident accelerated that condition by about four years, until February 2016. Damages were therefore confined to losses attributable to that acceleration and ongoing accident-related...

Court Disposition

Judgment for the plaintiff in the sum of $43,983.70, with the judgment sum to be paid into Court pending appointment of a manager of the plaintiff's estate, and costs payable by the defendant.

Orders

  • ['Judgment for the plaintiff in the sum of $43,983.70.' "Pursuant to s 77(1)(a) and (2) of the Civil Procedure Act 2005 (NSW), the judgment sum is to be paid into Court, pending the appointment of a manager of the plaintiff's estate." "The defendant is to pay the plaintiff's costs of the proceeding as agreed or...