Croizet v Shustov [2017] NSWDC 331

Croizet v Shustov [2017] NSWDC 331

The defendant was negligent and caused the accident by cutting the corner and failing to give way; contributory negligence was not established based on unreliable lay and inconclusive expert evidence as to speed; damages for nervous shock and under the Compensation to Relatives Act 1897 (NSW) were awarded based on accepted medical evidence and appropriate quantum for economic and non-economic losses.

Parties
Plaintiff: Selina Croizet; Defendant: Leon Shustov
Jurisdiction
Australia
Judgment Date
20 November 2017
Procedural Posture
Civil / Final Judgment
Outcome
judgment for the plaintiff; defendant to pay costs
Legal Topics
Nervous Shock, Compensation to Relatives, Contributory Negligence, Damages
Tort Law Motor Vehicle Accidents Personal Injury Nervous Shock Compensation to Relatives Contributory Negligence Damages

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Parties

Selina Croizet

Plaintiff

Leon Shustov

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Was the defendant negligent in causing the accident?
  2. 2 Was the deceased contributorily negligent?
  3. 3 What is the quantum of damages for nervous shock and under the Compensation to Relatives Act 1897 (NSW)?

Ratio Decidendi

The defendant was negligent and caused the accident by cutting the corner and failing to give way; contributory negligence was not established based on unreliable lay and inconclusive expert evidence as to speed; damages for nervous shock and under the Compensation to Relatives Act 1897 (NSW) were awarded based on accepted medical evidence and appropriate quantum for economic and non-economic losses.

Court Disposition

judgment for the plaintiff; defendant to pay costs

Orders

  • Judgment for the plaintiff in the sum of $664,241.00 for nervous shock.
  • Defendant to pay plaintiff's costs (nervous shock claim).