Emvalomas v Bradley [2012] NSWDC 7
The defendant was negligent in failing to keep a proper lookout and driving contrary to a red traffic control signal, causing the plaintiff's injuries while she lawfully completed crossing with a green 'Walk' sign. There was no contributory negligence by the plaintiff, and she is entitled to full damages assessed at $1,130,455.
- Jurisdiction
- Australia
- Judgment Date
- 09 February 2012
- Procedural Posture
- Civil Personal Injury Negligence / Judgment After Trial
- Outcome
- Verdict and judgment for the plaintiff
- Legal Topics
- ['negligence' 'personal Injury' 'contributory Negligence' 'assessment of Damages' 'duty of Care' 'traffic Law']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil Personal Injury Negligence / Judgment After Trial
Legal Issues
- 1 ['Whether the defendant was negligent in the operation of her vehicle resulting in injury to the plaintiff' 'Whether the plaintiff contributed to her injuries by contributory negligence' 'Assessment of damages for injuries sustained']
Ratio Decidendi
The defendant was negligent in failing to keep a proper lookout and driving contrary to a red traffic control signal, causing the plaintiff's injuries while she lawfully completed crossing with a green 'Walk' sign. There was no contributory negligence by the plaintiff, and she is entitled to full damages assessed at $1,130,455.
Court Disposition
Verdict and judgment for the plaintiff
Orders
- ['Verdict and judgment for the plaintiff in the sum of $1,130,455' "The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise entitled" 'The exhibits may be returned' 'Liberty to apply if further orders are required']
Full Case Text
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