Zamagias v Saltalamaccia [2023] NSWDC 553

District Court New South Wales

Medium Neutral Citation: Zamagias v Saltalamaccia [2023] NSWDC 553 Hearing dates: 23, 24 and 25 October 2023 Date of orders: 13 December 2023 Decision date: 13 December 2023 Jurisdiction: Civil Before: Ainslie-Wallace ADCJ Decision: (1) Verdict and judgment for the Plaintiff in the sum of $970,326.61. (2) The Defendant to pay the Plaintiff's costs as agreed or assessed. Catchwords: NEGLIGENCE — Breach – Motor accident Legislation Cited: Motor Accidents (Determination of Non-Economic Loss) Order 2023 (NSW) Category: Principal judgment Parties: Billy Zamagias (plaintiff) Antoinette Saltalamaccia (defendant) Representation: Counsel: Mr G Hickey (plaintiff) Mr D O'Dowd (defendant)

Solicitors: AJB Stevens Lawyers (plaintiff) Hall & Wilcox (defendant) File Number(s): 2021/00334329 Publication restriction: None

Judgment 1. On 22 May 2018 Billy Zamagias (the "Plaintiff") was injured when his car collided with a car being driven by Antoinette Saltalamaccia (the "Defendant"). 2. The Plaintiff was, at the time of the accident, working as a diesel mechanic for a bus company and had been directed to go to the Liverpool bus interchange to repair a bus that had broken down. He drove in an easterly direction on Hoxton Park Road towards Liverpool in a transit lane reserved for buses and associated vehicles (the "T-way"). He was entitled to drive in that lane. The accident happened at the intersection of Hoxton Park Road and a side street called Access Road. 3. At the point where the accident happened, there were two ordinary traffic lanes heading east, one of which was a right turn lane enabling cars travelling east to turn right into Access Road. The T-way was in the middle of the road beside the right hand turn lane. Traffic wishing to turn into Access Road therefore must first turn in front of the T-way lane and then in front of the traffic on Hoxton Park Road heading west. There was no road off to the left of Hoxton Park Road at that point so that the traffic heading east along Hoxton Park Road could either travel straight ahead or turn right into Access Road. 4. The intersection was governed by traffic lights. There were four phases of the lights. Relevantly, in phase "A", a green round signal is displayed for all eastbound (and westbound) traffic on Hoxton Park Road, a red arrow displayed for the right hand turn and a white B for the T-way lane. 5. In the T-way lane, there is one light, an illuminated "B", which is white when the T-way lane has right of way, and turning amber before turning red to stop traffic on the T-way. When the B light on the T-way is white, traffic in the right hand turn lane beside it has a red arrow. 6. Phase "B" displays a green round signal, a green arrow and a red B sign. If a pedestrian wishes to cross the road, the eastbound light is red and the right turn arrow is green. After 12 seconds, the red light changes to green. 7. Phase "C" permits traffic from Access Road to move onto Hoxton Park Road and in that event all other signals are red. 8. The only way a car travelling in an easterly direction can turn right onto Access Road was with a green arrow from Hoxton Park Road, which would have the effect of stopping the traffic heading west along Hoxton Park Road and also stopping the traffic in the T-way heading east by showing a red B sign. 9. The Plaintiff said that as he was driving through the intersection, the B light was white, and at the point where he crossed the line into the intersection, a car to his left, in the right hand turn lane, turned directly in front of him. He swerved to avoid the car, but his van was struck by the other car, causing it to roll onto its roof. 10. The Plaintiff was injured as a result.