Chartier -v- States of Jersey Post [2010] JRC 119 (01 July 2010)

Chartier -v- States of Jersey Post [2010] JRC 119 (01 July 2010)

The court finds that the plaintiff's ongoing symptoms are not wholly attributable to the May 2001 incident; the injury was likely a minor soft tissue injury with substantial psychological overlay, and pre-existing degenerative changes would have led to similar symptoms within a few years. Damages are awarded only for the period reasonably attributable to the incident, reduced for contributory negligence.

Citation
[2010] JRC 119
Parties
Plaintiff: Plaintiff; Defendant: Jersey Post
Jurisdiction
Jersey
Judgment Date
01 July 2010
Procedural Posture
Personal Injury / Retrial on Medical Causation and Quantum
Outcome
Plaintiff's claim for full damages dismissed; limited damages awarded for short-term injury.
Legal Topics
Personal Injury, Medical Causation, Contributory Negligence, Quantum of Damages
Tort Employment Law Personal Injury Medical Causation Contributory Negligence Quantum of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Plaintiff

Plaintiff

Jersey Post

Defendant

Procedural Posture

Personal Injury / Retrial on Medical Causation and Quantum

Legal Issues

  1. 1 Whether the May 2001 incident caused the plaintiff's ongoing back pain and inability to work
  2. 2 Whether the plaintiff's symptoms are attributable to physical injury or psychological overlay
  3. 3 Extent of damages and contributory negligence

Ratio Decidendi

The court finds that the plaintiff's ongoing symptoms are not wholly attributable to the May 2001 incident; the injury was likely a minor soft tissue injury with substantial psychological overlay, and pre-existing degenerative changes would have led to similar symptoms within a few years. Damages are awarded only for the period reasonably attributable to the incident, reduced for contributory negligence.

Court Disposition

Plaintiff's claim for full damages dismissed; limited damages awarded for short-term injury.

Orders

  • Damages awarded for short-term loss of earnings and assistance only.
  • Plaintiff's claim for long-term loss and pension dismissed.