WILLIAMS v NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION [1995] NSWCA 517

WILLIAMS v NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, CLARKE and MEAGHER JJA 6 July 1995, 6 July 1995

[1995] NSWCA 517

Motor vehicle accident — Quantum of damages Loss of chance to pursue career of professional footballer

Appeal from District Court — Quantum of damages for loss in motor vehicle accident Loss of chance to pursue career of professional footballer — Verdict of $381,425.70 Loss of chance not undervalued — Appeal dismissed with costs — No question of principle.

ORDER

Appeal dismissed with costs.

Mahoney JA On 20 January 1985 the plaintiff, Mr Rohan Kym Williams, was involved in a motor vehicle accident. He was then aged approximately fourteen years and seven months.

He was given, in the course of his treatment, the care which ordinarily would be given to a person suffering the injuries that he did. He went from the Wagga Wagga Hospital to Flinders Hospital in Adelaide and was subjected to the operations and the procedures that are referred to in the judge's judgment. It is not necessary for me to detail them to the extent that the judge did. It is sufficient to say that, as the judge found, he suffered a serious injury to his right knee, namely an intra condylar fracture of the distal femur involving the distal femoral epiphysis and extending medially through the metophysis in the manner to which reference is made in the medical reports. He also suffered a significant injury to his right ankle, abrasion to his left foot

and to his back. His Honour detailed the circumstances and the problems that were inflicted upon him by the accident.

He was involved in treatment of the nature of physiotherapy, and ultimately in March of 1986 underwent an operation for the removal of the screws that had been inserted. He engaged in gymnasium exercises with a view to improving the most serious of the injuries, the one that had the greatest effect remaining with him, namely that affecting his right knee.