Wael Al-Buseri v Don Jimme [2019] NSWDC 728

Wael Al-Buseri v Don Jimme [2019] NSWDC 728

The defendant was negligent in turning across the plaintiff's path, causing the accident, and the plaintiff's speed was not relevantly excessive; therefore, liability is established with no contributory negligence. Damages awarded are limited to proved past and future out-of-pocket expenses, and there is no economic loss due to the plaintiff's continued employment and lack of evidence of diminished capacity.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Negligence Claim Tort / Principal Judgment (trial Decision)
Outcome
Judgment and verdict for the plaintiff
Legal Topics
['negligence' 'motor Vehicle Accident' 'contributory Negligence' 'economic Loss' 'damages']
['torts' 'civil'] ['negligence' 'motor Vehicle Accident' 'contributory Negligence' 'economic Loss' 'damages']

Case Brief

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Procedural Posture

Negligence Claim Tort / Principal Judgment (trial Decision)

Legal Issues

  1. 1 ["Whether the defendant was negligent in turning across the plaintiff's path and causing the accident" 'Whether the plaintiff was driving at an excessive speed and thus contributorily negligent' 'Assessment of damages for past and future out-of-pocket expenses, and economic loss']

Ratio Decidendi

The defendant was negligent in turning across the plaintiff's path, causing the accident, and the plaintiff's speed was not relevantly excessive; therefore, liability is established with no contributory negligence. Damages awarded are limited to proved past and future out-of-pocket expenses, and there is no economic loss due to the plaintiff's continued employment and lack of evidence of diminished capacity.

Court Disposition

Judgment and verdict for the plaintiff

Orders

  • ['Judgment and verdict for the plaintiff in the sum of $22,138.72.' 'Interest thereon at rates prescribed pursuant to section 100 of Civil Procedure Act 2005 (NSW).' 'If either party wishes to be heard on costs, they may indicate as directed.' "If neither party seeks to be heard on costs, the defendant is to pay the...