AUSTRALIAN BROADCASTING CORPORATION v VERDE [1988] NSWCA 10

AUSTRALIAN BROADCASTING CORPORATION v VERDE

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, MCHUGH and CLARKE JJA 8 February 1988

[1988] NSWCA 10

Appeal from District Court — Assessment of damages in industrial accident — Back injury to worker — Judgment of $90,000 — Amount of general damages $34,000 not excessive — Amount of economic loss not wrong — No question of principle. ORDER — Appeal dismissed with costs.

Mahoney JA On 2 May 1979 the plaintiff suffered injuries at work for which, asit is now accepted, the defendant is responsible. On 25 November 1983 the plaintiff commenced proceedings against the defendant and on 29 October 1986 the plaintiff recovered judgment against the defendant for $90,000. The defendant has appealed to this Court against that judgment. in order to deal with the grounds on which the appeal has been brought it is necessary to refer in some little detail to the facts.

These are set forth in his Honour's judgment in a fashion which, if i may say so, would not be improved were I to restate them. I shall therefore adopt the statement of a number of aspects of the case as they appear in his Honour's judgment.

"The accident sued upon occurred on 2 May 1979. While carrying some light equipment she fell heavily from a path into a shallow hole where evidently some concrete was to be laid. in the fall she abraded her hands and knees and suffered some pain in her stomach and her wrist. However, these injuries healed before long. The main injury she suffered was to her back.

She was helped up after her fall and taken to the office. Later that day, she saw the partner of her local doctor, who noted complaints of pain in the right buttock'.

"

She has, ever since, suffered pain in her back. She remained off work about three weeks. Upon her return to work, she had pain in her back, walking and pushing the trolley. She cried at times with the pain and people helped her. She was again off work with her back for a fortnight, three months after her accident. Apparently at this time she again consulted her local doctor, who referred her to an orthopaedic specialist, Dr Bencsik. Neither party tendered any evidence from that doctor. She had physiotherapy in the form of stretching exercise back exercise in 1979 and Dr Bencsik prescribed and massage.