INEL v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1995] NSWCA 206

INEL v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY and POWELL JJA 22 March 1995, 22 March 1995 [1995] NSWCA 206

Motor Vehicle accident — Damages — Economic loss

Appeal from District Court — Motor vehicle accident — Damages — Economic loss.

Mahoney JA This is an appeal against a judgment for damages. On 6 October 1983 the plaintiff, Mr Inel, suffered a back injury while working for Australian Consolidated Industries. On 1 March 1987 he was involved in a motor car accident. He sued the defendant for the negligence of the driver of the other vehicle and on 18 October 1993 his Honour Judge Garling gave judgment for the plaintiff for $20,376. The plaintiff has appealed to this Court against that judgment. The ground of appeal relates to the assessment of damages and the essential point to which the appeal has been directed is that the judge gave no damages for economic loss, loss of economic capacity by reason of the accident on | March 1987.

The facts disclose that the back injury which the plaintiff suffered in 1983 continued to affect him thereafter. It does not appear to have been seriously in contest at the trial that the back injury involved continuing pain and disability and an extent of economic incapacity.

As I have said, the plaintiff was injured on 6 October 1983. He did not work thereafter. He ultimately was dismissed by ACI and did not work before the motor vehicle accident. In fact, he did not commence employment, so far as the evidence extends, until 17 February 1989. He then commenced employment with the Hanimex company.

The injury which he suffered on 1 March 1987 was an injury to the neck. I think that the thrust of the medical evidence is that it was a soft tissue injury. It was not as such an injury to the cervical spine in the sense of either damage to the vertebrae or to the discs involved.