High Court of Australia
6,7108/51
4. J Gourley, Gort, Print, Mtb.
Wer SRIGINAL' A IN THE HICH COURT OF AUSTRALIA 1987 | Ve fp
REASONS FOR JUDGMENT
Judgment delivered at... Sydney on..Wednesday 2nd April1958.
GRANTHAM
Ve
WRIGHT
ORDER
Appeal allowed with costs. Discharge the judgment of the Supreme Court of South Australia and in lieu thereof order that it be adjudged that the plaintiff recover from the defendant the sum of £9794 with costs.
GRANTHAM
ve WRIGHT JUDGMENT DIXON C.J. : WILLTAMS J.
WEBS J. FULTACAR J. TAYLOR J.
This appeal relates to the quantum of damages aWarded to the plaintiff in an action of damages for personal injuries. The plaintiff is the appellant and he complains that the amount of the award is inadequate. The appeal comes from a judgment of the Supreme Court of South Australia.
There was of course no jury and the damages were assessed by the judge at the trial, Reed J. The action was one in which the defendant admitted liability. The injuries of which the plaintiff complained were the consequence of/eollision between a motor cycle driven by the plaintiff and a utility truck driven by the defendant. The collision occurred on 18th December 1954 in Torrens Road, Woodville, near Adelaide.
The injuries received by the plaintiff were of a serious nature and they have been all the worse in their consequences because the plaintiff is a very big man. At the time of the accident he was twenty-eight years of age but he weighed eighteen stone. He was a tinsmith whose work was to solder re-inforcementson the back of stainless steel sinks, work at which he was employed at a regular wage. In the accident his right leg was very severely damaged. The femur was fractured at about the junction of its upper and middle thirds. The lower portion of the hip socket was, to use the words of the orthopaedic surgeon who took charge of his case, "stove in a little way" and the upper portion had a piece split off it. The lower portion of the thigh had a large wound, the muscle was exposed and it had to be removed because of its damaged state. The' skin was destroyed. The sciatic nerve did not conduct fully and it was assumed that it had been pruised. His size and weight increased the difficulty of treating him for these injuries. He was taken to the Royal
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