Doyle v Webb [2021] NSWDC 581

District Court New South Wales

Medium Neutral Citation: Doyle v Webb [2021] NSWDC 581 Hearing dates: 20 – 22 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 221 – 223 Catchwords: MOTOR ACCIDENTS – assessment of damages – nature and extent of physical injuries caused by breach – claims for past and economic loss – whether any altered earning capacity productive of financial loss Legislation Cited: Civil Liability Act 2002 (NSW) s 5D Motor Accidents Compensation Act 1999 (NSW) ss 83, 84A, 125, 126 Cases Cited: Chapman v Hearse (1961) 106 CLR 112 Graham v Baker (1961) 106 CLR 340 Husher v Husher (1999) 197 CLR 138 Mahony v J Kruschich (Demolitions) Pty Ltd (1985) 156 CLR 522 Texts Cited: H Luntz & S Harder, Assessment of Damages for Personal Injury and Death (5th ed, 2021, LexisNexis) Category: Principal judgment Parties: Warren Doyle (plaintiff) Tammy Webb (defendant) Representation: Counsel: Mr F Curran for the plaintiff Mr J Guihot for the defendant

Solicitors: Carters Law Firm for the plaintiff Moray & Agnew for the defendant File Number(s): 2017/00241964

Judgment

INTRODUCTION 1. On 29 August 2015, the plaintiff (Mr Doyle) was driving his Mitsubishi magna motor vehicle in the left side lane north along Hume Street, in Goulburn and approaching a roundabout at the intersection with Ducks Lane. At about this time, the defendant (Ms Webb) who, at that time was a learner driver, was driving her Jeep Panel vehicle, initially behind Mr Doyle's vehicle. Mr Doyle asserts that as he was proceeding through the roundabout, Ms Webb negligently lost control of her vehicle causing her vehicle to collide with his side view mirror, on the driver side of the vehicle. 2. By his statement of claim filed on 9 August 2017, Mr Doyle sues Ms Webb for damages for personal injuries he claims he suffered from Ms Webb's negligent driving. By his Amended Statement of Particulars (filed 26 November 2020), Mr Doyle asserts that he suffered an array of injuries to his right side: to his elbow, arm, shoulder, wrist, and neck and also to his left shoulder; and complains of many disabilities. His claim for damages specifically identified as heads of loss, past and future economic loss. 3. Although she admits that her vehicle collided with Mr Doyle's vehicle, by her Defence (as amended), in its original iteration, Ms Webb formally disputed liability. However, by her Amended Defence, breach of duty of care was admitted and her insurer has paid the sum of $26,301.01 for hospital and medical and such like expenses (under s 83 of the Motor Accidents Compensation Act 1999 (NSW) ('MAC Act') [1] ) and has also made payments in the sum of $22,500 (under s 84A) to alleviate hardship to the plaintiff. At the date of the accident, Mr Doyle was a disability support worker. Ms Webb denies that Mr Doyle has any entitlement to damages for non-economic loss. 4. There have been several disputes about heads of damage treatment that have been the subject of certificates issued under the MAC Act. By the end of the hearing, the parties agreed as to the quantum of the claim for past medical and treatment expenses and Counsel for the plaintiff indicated that no claim was brought for future treatment expenses. 5. The parties identified the following issues as arising for the Court's determination: 1. The nature and extent of injuries that were sustained as a result of the subject accident (as distinct from injuries sustained by other causes, before and after the accident); and 2. whether the plaintiff's injuries have caused the plaintiff to suffer past and future economic loss and if so, the quantum of such loss.