Ross v Nominal Defendant [2013] NSWDC 110

Ross v Nominal Defendant [2013] NSWDC 110

The driver of the unidentified vehicle failed to keep a proper lookout and drove at an unsafe angle toward the kerb, creating a foreseeable risk of injury to pedestrians; the plaintiff also failed to maintain a proper lookout momentarily when stepping onto the roadway. While contributory negligence by the plaintiff...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff with apportionment for contributory negligence at 20%.
Legal Topics
['motor Vehicle Accident' 'pedestrian Injury' 'negligence' 'contributory Negligence' 'damages' 'identification of Driver' 'due Inquiry and Search']
['torts'] ['motor Vehicle Accident' 'pedestrian Injury' 'negligence' 'contributory Negligence' 'damages' 'identification of Driver' 'due Inquiry and Search']

Source-derived case record

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Resolution of the disputed circumstances of the accident' 'Whether the driver of the unidentified vehicle was negligent' 'Whether there was contributory negligence on the part of the plaintiff' 'Whether the vehicle that struck the plaintiff would have been identified after due inquiry and search' "The assessment of the plaintiff's entitlement to damages"]

Ratio Decidendi

The driver of the unidentified vehicle failed to keep a proper lookout and drove at an unsafe angle toward the kerb, creating a foreseeable risk of injury to pedestrians; the plaintiff also failed to maintain a proper lookout momentarily when stepping onto the roadway. While contributory negligence by the plaintiff is found at 20%, the negligence of the unknown driver is primary, and the requirements of due inquiry and search under the Motor Accidents Compensation Act 1999 have been satisfied.

Court Disposition

Judgment for the plaintiff with apportionment for contributory negligence at 20%.

Orders

  • ['Verdict for the plaintiff in the assessed sum of $409,175;' 'After applying the assessed apportionment of 20% for the plaintiff’s contributory negligence, judgment is entered in favour of the plaintiff in the apportioned sum of $327,340;' 'Before making an order for costs I will hear the parties on the appropriate...