STAVROULAKIS v JEWELL [1993] NSWCA 255

STAVROULAKIS v JEWELL SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

KiRBY P, MEAGHER JA and HANDLEY JA 5 November 1993

[1993] NSWCA 255

DAMAGES — personal injuries — $50 000 general damages — total judgment $72 302 — woman 43 years — injuries to knees and cervical spine — appeal challenges general damages — held: General damages discretionary in nature — no significant error to justify disturbance by Court of Appeal — appeal dismissed. Moran v McMahon (1985) 3 NSWLR 700 (CA) considered.

Kirby P. I shall ask Meagher JA to give the first judgment.

Meagher JA. In this appeal the appellant comes with an award of $70,000.00 for general damages given by his Honour Judge Sinclair in favour of the respondent, Miss Jewell, who was injured in a motor car accident on 21 June 1993. Liability is not in issue. The plaintiff was aged forty-three at trial and her injuries were injuries to the knees and cervical spine. The evidence has been summarised by his Honour in the passage which is accepted by both parties as follows: The plaintiff suffered:

1. Musculo-ligamentous injury to her neck and an internal disc injury which aggravated pre-existing but symptom free degenerative changes in her cervical spine.

2. Traumatic injury to her knees affecting the patello-femoral joints as described in the reports of Dr Carr and Dr Benanzio.

3. As a result of such injuries the plaintiff had a degree of permanent disability in her neck and knees.

4. While the degree of discomfort in her neck and knees is not great it causes substantial limitation of her activities and interference with her lifestyle and is likely to be temporarily aggravated from time to time.

5. Iam not satisfied that the occasional pain the plaintiff suffers in her hip is a result of the motor vehicle accident.

6. Special damages to date are in the sum of $2,302.38 which includes $341.84 economic loss.