SHIELD V. CONOMOS AND OTHERS

~ CONOMOS..AND..OTHERS —

REASONS FOR JUDGMENT

Judgment delivered at... S¥ANE¥ W. a onsen, Govt Beat, aterm : on. THURSDAY, 14th DECEMBER.1961.....

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SHISLD

Ve

CONOMOS AND OTHERS

OKDER

Appeal dismissed with costs.

CONOMOS AND OLHERS

JUDGMENT DIXON C.J. McTIBRNAN Je TAYLOR J. WINDEYER J.

SHIELD ve

CONOMOS AND OTHERS

On the 9th June 1958 the appellant suffered injuries in a road accident whilst riding his motorcycle along Milton Road, Toowong. Subsequently, in an action against the respondents, liability was admitted and damages were assessed by Matthews J, at £11,661. 8. 5. This amount was the sum of the amounts which the learned trial judge thought proper to assess in respect of property damage, loss of earnings and other items which were admitted and £10,000 for general damages. A subsequent appeal to the Full Court of the Supreme Court on the ground that the damages were inadequate was dismissed and this appeal is brought from the order of dismissal. In this Court it is contended that the general damages awarded are manifestly disproportionate to the injuries which the appellant received and an attempt was made to show that some of the findings made by the learned trial judge were not justified by the evidence in the case.

There is no doubt that the plaintiff's injuries were serious and that they have not only occasioned him a great deal of pain and suffering but have resulted in considerable permanent disabilities. There has been a considerable loss of function of the left leg and the left hand, He has some scar tissue on the face, his left eyelid droops and the right eyelid is, to some extent, affected. The sight of the left eye has been seriously impaired and it was necessary that his remaining teeth should be extracted. It

is however unnecessary for us to recite the whole catalogue