Nathan GHASSIBE v Zeinab ARJA [2019] NSWDC 818

Nathan GHASSIBE v Zeinab ARJA [2019] NSWDC 818

The defendant breached her duty of care by proceeding through a red traffic signal and colliding with the plaintiff, who had entered the intersection on a green light. The plaintiff did not contribute to the accident. Applying s 5D of the Civil Liability Act 2002 (NSW), the plaintiff's ongoing loss of earning capacity and medical treatment needs were caused entirely by the first accident; the later accident caused only a temporary aggravation and did not alter his ongoing incapacity. On the assumptions required by s 126 of the Motor Accidents Compensation Act 1999 (NSW), the plaintiff would most likely have pursued carpentry apprenticeship and qualified carpentry work, or comparable...

Jurisdiction
Australia
Judgment Date
19 December 2019
Procedural Posture
Civil Claim for Damages for Personal Injury Arising From a Motor Vehicle Accident / Principal Judgment After Hearing on Liability and Assessment of Damages
Outcome
Verdict and judgment for the plaintiff in the sum of $572,792.39, with the defendant to pay the plaintiff's costs as agreed or assessed.
Legal Topics
['civil Liability Act 2002 (nsw) S 5 D' 'motor Accidents Compensation Act 1999 (nsw) S 126' 'causation' 'contributory Negligence' 'past Economic Loss' 'future Loss of Earning Capacity' 'out of Pocket Expenses' 'credibility of Witnesses']
['negligence' 'motor Accidents' 'damages' 'evidence'] ['civil Liability Act 2002 (nsw) S 5 D' 'motor Accidents Compensation Act 1999 (nsw) S 126' 'causation' 'contributory Negligence' 'past Economic Loss' 'future Loss of Earning Capacity' 'out of Pocket Expenses' 'credibility of Witnesses']

Case Brief

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Procedural Posture

Civil Claim for Damages for Personal Injury Arising From a Motor Vehicle Accident / Principal Judgment After Hearing on Liability and Assessment of Damages

Legal Issues

  1. 1 ["Whether the defendant ran a red traffic light and caused the collision with the plaintiff's vehicle." "Whether the plaintiff's driving contributed to the accident by way of contributory negligence." "Whether the plaintiff's ongoing injuries, loss of earning capacity and treatment needs were caused by the first motor vehicle accident rather than the second accident on 2 October 2016." 'What damages should be assessed for past out-of-pocket expenses, future out-of-pocket expenses, past economic loss and future economic loss.']

Ratio Decidendi

The defendant breached her duty of care by proceeding through a red traffic signal and colliding with the plaintiff, who had entered the intersection on a green light. The plaintiff did not contribute to the accident. Applying s 5D of the Civil Liability Act 2002 (NSW), the plaintiff's ongoing loss of earning capacity and medical treatment needs were caused entirely by the first accident; the later accident caused only a temporary aggravation and did not alter his ongoing incapacity. On the assumptions required by s 126 of the Motor Accidents Compensation Act 1999 (NSW), the plaintiff would most likely have pursued carpentry apprenticeship and qualified carpentry work, or comparable...

Court Disposition

Verdict and judgment for the plaintiff in the sum of $572,792.39, with the defendant to pay the plaintiff's costs as agreed or assessed.

Orders

  • ['There will be verdict and judgment for the plaintiff in the sum of $572,792.39.' "The defendant is to pay the plaintiff's costs as agreed or assessed." 'The parties have liberty to approach my associate within 7 days should a different costs order be sought.']