Stevanovic v McIndoe [2010] NSWDC 280

Stevanovic v McIndoe [2010] NSWDC 280

The defendant breached his duty of care by failing to conduct adequate checks before reversing his van, causing injury to the plaintiff. The plaintiff contributed to her injury by failing to pay reasonable attention and positioning herself at the rear of the van with her back turned, warranting a 25% reduction in damages for contributory negligence.

Jurisdiction
Australia
Judgment Date
19 November 2010
Procedural Posture
Civil / Trial Judgment
Outcome
Judgment for the plaintiff for $338,034.75, with defendant to pay plaintiff's costs on the ordinary basis, and leave to apply within 14 days for a different costs order.
Legal Topics
['negligence' 'contributory Negligence' 'damages' 'liability of Motor Vehicle Driver' 'domestic Assistance' 'economic Loss' 'non Economic Loss']
['tort' 'motor Accidents' 'personal Injury'] ['negligence' 'contributory Negligence' 'damages' 'liability of Motor Vehicle Driver' 'domestic Assistance' 'economic Loss' 'non Economic Loss']

Case Brief

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Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 ['Was the defendant negligent?' 'Was the plaintiff guilty of contributory negligence?' 'To what extent should any damages be reduced for contributory negligence?' 'What damages should be awarded under various heads including medical expenses, domestic assistance, economic loss, and non-economic loss?']

Ratio Decidendi

The defendant breached his duty of care by failing to conduct adequate checks before reversing his van, causing injury to the plaintiff. The plaintiff contributed to her injury by failing to pay reasonable attention and positioning herself at the rear of the van with her back turned, warranting a 25% reduction in damages for contributory negligence.

Court Disposition

Judgment for the plaintiff for $338,034.75, with defendant to pay plaintiff's costs on the ordinary basis, and leave to apply within 14 days for a different costs order.

Orders

  • ['Judgment for the plaintiff for $338,034.75' "Defendant to pay the plaintiff's costs on the ordinary basis" 'Leave to apply within 14 days for another costs order']