Connors v Nominal Defendant (No 4) [2020] NSWDC 438

Connors v Nominal Defendant (No 4) [2020] NSWDC 438

The defendant did not prove that alcohol or illicit drugs impaired Ms Davis' driving because it adduced no blood or breath analysis and no expert evidence of the effect of any substance. However, Ms Davis had been awake and active for about 32 hours, the deceased knew or ought to have known of that sleep deprivation, and she twice drew to his attention the need for help to stay awake. The driver bore primary responsibility, but the deceased's failure to heed the risk amounted to contributory negligence assessed at one third. Under s 30(3) of the Civil Liability Act 2002 the plaintiff's damages for pure mental harm were reduced by the same proportion, resulting in judgment for $683,739.

Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Civil Action for Damages for Mental Harm Arising From a Motor Vehicle Accident / Principal Judgment After Hearing; Liability Admitted Subject to Contributory Negligence and Damages Assessed
Outcome
Verdict and judgment for the plaintiff against the defendant for $683,739.
Legal Topics
['mental Harm' 'nervous Shock' 'contributory Negligence' 'uninsured Vehicle' 'nominal Defendant' 'driver Fatigue' 'drug and Alcohol Impairment' 'assessment of Damages']
['torts' 'motor Accidents' 'civil Liability' 'damages'] ['mental Harm' 'nervous Shock' 'contributory Negligence' 'uninsured Vehicle' 'nominal Defendant' 'driver Fatigue' 'drug and Alcohol Impairment' 'assessment of Damages']

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Procedural Posture

Civil Action for Damages for Mental Harm Arising From a Motor Vehicle Accident / Principal Judgment After Hearing; Liability Admitted Subject to Contributory Negligence and Damages Assessed

Legal Issues

  1. 1 ["Whether the deceased passenger was contributorily negligent so as to reduce the plaintiff's damages for pure mental harm." "Whether the defendant proved that the driver's ability to drive was impaired by alcohol or illicit drugs and that the deceased knew or ought to have known of that impairment." "Whether the driver's lack of sleep affected her ability to drive and whether the deceased knew or ought to have known of that risk." "What damages should be awarded for the plaintiff's psychiatric injury and associated economic loss, out of pocket expenses and domestic assistance."]

Ratio Decidendi

The defendant did not prove that alcohol or illicit drugs impaired Ms Davis' driving because it adduced no blood or breath analysis and no expert evidence of the effect of any substance. However, Ms Davis had been awake and active for about 32 hours, the deceased knew or ought to have known of that sleep deprivation, and she twice drew to his attention the need for help to stay awake. The driver bore primary responsibility, but the deceased's failure to heed the risk amounted to contributory negligence assessed at one third. Under s 30(3) of the Civil Liability Act 2002 the plaintiff's damages for pure mental harm were reduced by the same proportion, resulting in judgment for $683,739.

Court Disposition

Verdict and judgment for the plaintiff against the defendant for $683,739.

Orders

  • ['Verdict and judgment for the plaintiff against the defendant for $683,739.' "The defendant is to pay the plaintiff's costs." 'The Court certified for counsel to take the judgment over the last two days.']