COMAN V. MAYHEW
The judge assessed damages based on the nature and permanence of injuries suffered by the plaintiff, the impact on his outlook and employment, and included special damages for loss of earnings, medical and related expenses, and compensation for the extinguishment of sick leave entitlement.
- Parties
- Plaintiff: WM Howton; Defendant: ERLLLIE COMA ROGGE. MAXBEN
- Jurisdiction
- Australia
- Judgment Date
- 27 July 1961
- Procedural Posture
- Civil / Assessment of Damages After Default Judgment
- Outcome
- Judgment for the plaintiff
- Legal Topics
- Negligence, Personal Injury, Damages Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
WM Howton
Plaintiff
ERLLLIE COMA ROGGE. MAXBEN
Defendant
Procedural Posture
Civil / Assessment of Damages After Default Judgment
Legal Issues
- 1 What damages should be awarded for the plaintiff's personal injuries caused by the defendant's negligence
Ratio Decidendi
The judge assessed damages based on the nature and permanence of injuries suffered by the plaintiff, the impact on his outlook and employment, and included special damages for loss of earnings, medical and related expenses, and compensation for the extinguishment of sick leave entitlement.
Court Disposition
Judgment for the plaintiff
Orders
- Plaintiff awarded £2,700 in damages with costs
Full Case Text
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