Gergis v Ware [2010] NSWDC 274

Gergis v Ware [2010] NSWDC 274

The plaintiff suffered severe traumatic brain injury as a result of the motor accident, leading to permanent cognitive and behavioural impairments, biploar disorder, and unemployability on the open market. By a balance of expert medical evidence and lay evidence, the court found that the plaintiff's pre-existing conditions had largely resolved before the accident, and his post-accident disabilities and economic losses were directly attributable to the accident. Damages, including for care and fund management, were awarded accordingly.

Parties
Plaintiff: Steven Gergis (Mr Gergis Senior as Tutor); Defendant: Susannah Ware
Jurisdiction
Australia
Judgment Date
08 December 2010
Procedural Posture
Civil / Hearing and Judgment
Outcome
Verdict and judgment for the plaintiff.
Legal Topics
Traumatic Brain Injury, Bipolar Disorder, Economic Loss, Attendant Care Services, Fund Management
Personal Injury Motor Accidents Traumatic Brain Injury Bipolar Disorder Economic Loss Attendant Care Services Fund Management

Case Brief

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Parties

Steven Gergis (Mr Gergis Senior as Tutor)

Plaintiff

Susannah Ware

Defendant

Procedural Posture

Civil / Hearing and Judgment

Legal Issues

  1. 1 The nature and extent of the plaintiff's pre-accident psychological/psychiatric problems
  2. 2 The extent of disability caused by the brain injury
  3. 3 The plaintiff's past and future economic loss

Ratio Decidendi

The plaintiff suffered severe traumatic brain injury as a result of the motor accident, leading to permanent cognitive and behavioural impairments, biploar disorder, and unemployability on the open market. By a balance of expert medical evidence and lay evidence, the court found that the plaintiff's pre-existing conditions had largely resolved before the accident, and his post-accident disabilities and economic losses were directly attributable to the accident. Damages, including for care and fund management, were awarded accordingly.

Court Disposition

Verdict and judgment for the plaintiff.

Orders

  • Judgment for the plaintiff in the sum of $1,052,829.00
  • Agreement between the parties that the plaintiff was 50% responsible approved