Fallah Doghooz v Nagy [2011] NSWDC 193

Procedural Posture

Civil Personal Injury Claim Arising From a Motor Vehicle Accident / Principal Judgment

Legal Issues

1. 1 ['Whether the defendant negligently caused the collision with the plaintiff in the car park.' 'Whether the plaintiff was contributorily negligent.' "Whether the plaintiff's psychiatric injury, back condition and neck injury were caused or aggravated by the accident." 'What damages should be awarded for non-economic loss, economic loss, domestic care and medical expenses.']

Ratio Decidendi

The plaintiff's account of the accident was accepted over the defendant's because it was believable, consistent with her injuries and inconsistent with the defendant's police statement and evidence. The defendant was negligent because he was travelling too fast in a car park, was looking at a parking space rather than the road ahead, and failed to keep a proper lookout. The defendant did not establish contributory negligence. The accident caused serious leg injury, worsened back symptoms, a soft tissue neck injury and major depression, justifying damages after deduction of medical expenses paid on behalf of the defendant.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $801,521.38, with the defendant to pay the plaintiff's costs of the proceedings.

Orders

• ['Verdict and judgment for the plaintiff in the sum of $801,521.38.' "The defendant is to pay the plaintiff's costs of the proceedings." 'The Court will hear the parties on any amendment to the costs order arising from Offers of Compromise that may have been served.']