Stuart Douglas Parker v Charles Youmaran [2015] NSWDC 199

Stuart Douglas Parker v Charles Youmaran [2015] NSWDC 199

Contributory negligence was not established against the plaintiff; the damages awarded reflect full compensation for the plaintiff's injuries and losses incurred as a result of the defendant's admitted breach of duty in causing the collision, including non-economic loss, economic loss (past and future),...

Source-derived case information.

Parties
Plaintiff: Stuart Douglas Parker; Defendant: Charles Youmaran
Jurisdiction
Australia
Judgment Date
11 September 2015
Procedural Posture
Tort Negligence Personal Injury / Principal Judgment After Trial
Outcome
Verdict and judgment for the plaintiff in the sum of $2,487,717.
Legal Topics
Negligence, Motor Vehicle Accident, Contributory Negligence, Damages, Personal Injury, Domestic Assistance
Torts Personal Injury Civil Procedure Negligence Motor Vehicle Accident Contributory Negligence Damages Domestic Assistance

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Parties

Stuart Douglas Parker

Plaintiff

Charles Youmaran

Defendant

Procedural Posture

Tort Negligence Personal Injury / Principal Judgment After Trial

Legal Issues

  1. 1 Whether contributory negligence was established against the plaintiff
  2. 2 Assessment and quantification of damages for personal injury, including economic and non-economic loss, domestic and medical assistance

Ratio Decidendi

Contributory negligence was not established against the plaintiff; the damages awarded reflect full compensation for the plaintiff's injuries and losses incurred as a result of the defendant's admitted breach of duty in causing the collision, including non-economic loss, economic loss (past and future), superannuation, out of pocket expenses, and care needs.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $2,487,717.

Orders

  • The defendant to pay the plaintiff $2,487,717 in damages.
  • The defendant to pay the plaintiff's costs, subject to any application within 14 days.