BROWN v CRAIG and TIPTOP BAKERIES [2007] NSWDC 42

BROWN v CRAIG and TIPTOP BAKERIES [2007] NSWDC 42

Because the defendants' breach of duty was admitted and the plaintiff's contributory negligence was agreed at 20 per cent, the only task was to assess damages. The plaintiff's severe right leg injury caused lasting functional restriction, likely deterioration, future knee replacements, reduced earning capacity in physically demanding audio engineering work, future care needs, and agreed or proven out of pocket losses. After assessing total damages at $927,634.74 and reducing them by 20 per cent for contributory negligence, judgment was entered for the plaintiff for $742,107.79. The plaintiff recovered more than the offer of compromise, so the defendants were ordered to pay 80 per cent of...

Jurisdiction
Australia
Judgment Date
21 March 2007
Procedural Posture
Civil Personal Injury Damages Claim Arising From a Motor Vehicle Collision / Ex Tempore Judgment After Breach of Duty and 20 Per Cent Contributory Negligence Were Agreed; Assessment of Damages Only
Outcome
Verdict and judgment for the plaintiff in the sum of $742,107.79.
Legal Topics
['motor Vehicle Negligence' 'personal Injury Damages' 'contributory Negligence' 'non Economic Loss' 'past and Future Economic Loss' 'domestic Care' 'future Surgery' 'indemnity Costs' 'offer of Compromise']
['torts' 'damages' 'civil Procedure'] ['motor Vehicle Negligence' 'personal Injury Damages' 'contributory Negligence' 'non Economic Loss' 'past and Future Economic Loss' 'domestic Care' 'future Surgery' 'indemnity Costs' 'offer of Compromise']

Case Brief

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Procedural Posture

Civil Personal Injury Damages Claim Arising From a Motor Vehicle Collision / Ex Tempore Judgment After Breach of Duty and 20 Per Cent Contributory Negligence Were Agreed; Assessment of Damages Only

Legal Issues

  1. 1 ["The extent to which the plaintiff's injuries disabled him and would in future disable him." 'The amount to be awarded for non-economic loss, out of pocket expenses, domestic care services, and loss of income earning capacity.' 'The effect of future knee replacement surgery on income loss and domestic care needs.' 'Whether the plaintiff should receive indemnity costs from the date of an offer of compromise.']

Ratio Decidendi

Because the defendants' breach of duty was admitted and the plaintiff's contributory negligence was agreed at 20 per cent, the only task was to assess damages. The plaintiff's severe right leg injury caused lasting functional restriction, likely deterioration, future knee replacements, reduced earning capacity in physically demanding audio engineering work, future care needs, and agreed or proven out of pocket losses. After assessing total damages at $927,634.74 and reducing them by 20 per cent for contributory negligence, judgment was entered for the plaintiff for $742,107.79. The plaintiff recovered more than the offer of compromise, so the defendants were ordered to pay 80 per cent of...

Court Disposition

Verdict and judgment for the plaintiff in the sum of $742,107.79.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $742,107.79.' "The defendants are to pay the plaintiff's costs on an indemnity basis as to 80 per cent from the date of the offer of compromise, August 2006, and on an ordinary basis as to 80 per cent prior to that date." 'The exhibits will be retained for 28...