damages cases

sharman v evans facts

• evans was injured in a motor accident, suffered brain damage and became a quadriplegic

• before the accident her prospects were bright but defendant appealed the damages award

• split damages into different heads including hospital expenses, medical expenses, physiotherapy and miscellaneous

sharman v evans relevance

• examples of heads of damages

• held that it is irrelevant how expensively or frugally the plaintiff would have lived had she not been injured

• not perfect compensation but what is reasonable

• loss of expectation of life is specific for loss of enjoyment

  • can be given for a life spent in hospital

wynn v nsw insurance corp facts

• plaintiff was injured in a motor vehicle accident and was awarded significant damages that took into account that she had been injured in another accident

• court of appeal reduced the award for future economic loss plaintiff appealed this

• appeal allowed in part by the HC as she showed ambition in her work and would have likely been promoted

wynn v nsw insurance relevance

• allowances for maternity leave and speculation of the plaintiffs future prospects in calculating damages

griffiths v kerkemeyer facts

• respondent suffered severe injuries and became a quadriplegic in a motor vehicle accident

• part of the damages awarded were for gratuitous care provided by family members

• held that the damages were not excessive

griffiths v kerkemeyer relevance

• held that gratuitous care services is compensable under economic loss

zheng v cai facts

• zheng suffered significant injuries in a motor vehicle accident

• central issue was whether damages should be reduced based on benevolent payments made to zheng

• held that the payments should not reduce the damages award

zheng v cai relevance

• voluntary gifts should not be deducted from damages as they were given to help the victim and not to benefit the wrongdoer

skelton v collins facts

• plaintiff suffered brain damage as a result of the defendants negligence and was likely to remain unconscious in hospital until his death

• question was whether damages should be assessed on these assumptions and if they should be awarded for future hospital costs and lost earning capacity

• held that no damages should be awarded for pain and suffering whilst he was unconscious

skelton v collins relevance

• dealing with death in non-economic damages, not really worth anything

• when a person is unconscious, they do not experience the anguish needed for pain and suffering damages

woolworths v lawlor facts

• 56 year old plaintiff claimed damages for injuries sustained when she fell due to the malfunction of a moving walkway in a shopping centre

• question was the award of non-economic loss which was assessed by the trial judge to be 30% of the most extreme case

• HC decided not to change the trial judges judgment

woolworths v lawlor relevance

• non-economic damages are assessed as a percentage of the most extreme case - spinal injuries were assessed at 30%