MANUEL v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1992] NSWCA 146

MANUEL v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY JJA and SAMUELS AJA

11 August 1992, 11 August 1992

[1992] NSWCA 146

DAMAGES — NO QUESTION OF PRINCIPLE.

Clarke JA This is an appeal from a judgment of his Honour Judge Levine delivered at Broken Hill on 7 November 1990. The appellant had sued the Government Insurance Office claiming damages in respect of injuries she received in a motor vehicle accident on 13 January 1986. His Honour found that liability was established and assessed her damages at $43,982, further noting that she had been involved in an earlier motor vehicle accident in March 1985 and that a claim in respect of injuries then received had been settled. The judgment was made up in the following way:

Out of pocket expenses $3,877 Interest on out of pocket expenses $1,860 Past medication $3,000 Future medication $1,300 General damages $30,000 TOTAL $43,982

The appellant has raised two grounds of appeal, one, the general damages were inadequate; two, his Honour was in error in failing to allow for the appellant's impaired future earning capacity.

The trial judge in a concise judgment observed that the principal areas of injury and complaint were the right shoulder, the thoracic spine and headaches. His Honour did not say anything more about the original injuries and it is, I think, necessary to identify more precisely the injuries from which the appellant suffered and in respect of two at least in which there was no dispute.

A convenient summary of the injuries is to be found in the report of Dr McEwin dated 16 May 1990 where it is said that the appellant suffered the following injuries:

"1. Fracture of the right scapula.

2. Wedge facture of the eleventh thoracic vertebra and also damage to the upper surface of the tenth thoracic vertebra with consequential degenerative changes at this level between T9 and T10.