NSW Caselaw
SKINNER v BARAC
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
5 MAHONEY, CLARKE and MEAGHER JJA 4 July 1995, 4 July 1995
[1995] NSWCA 434 Motor vehicle accident — Appeal against award for future economic loss "cushion" and assessment of injuries as 28% of a most serious case — No question of principle
Appeal from District Court — Motor vehicle accident — Appeal against award for 15 future economic loss "cushion" $20,000 and assessment of injuries as 28 per cent of a most serious case — Appeal dismissed — No question of principle.
ORDER Appeal dismissed with costs.
20 Mahoney JA On 19 February 1991 the plaintiff was injured in a motor vehicle accident. He sued the defendant in the District Court for damages. Liability was not contested and on 15 December 1994 his Honour Judge Smyth gave judgment for the plaintiff in the amount of $78,729. The judgment was made up as follows:
25 | Future economic loss $20,000 General damages $56,660 Past wage loss $1,189 Agreed out of pockets $643
30 Fox and Wood component $237
Those components aggregate the sum to which I have referred, $78,729.
The appeal has been brought to this Court against his Honour's judgment. The appeal is being pressed on two grounds, the first is that the general damages are, for the reasons to which I shall refer, beyond what was appropriate and the
35 second is that the amount of $20,000 for future economic loss, as I have described it, is too great.
The judge set out the facts in his judgment and, in a case like this, it is not necessary for me to repeat them in detail. They are set forth in the paragraphs of the judge's judgment commencing at 83S and ending at 84L, and I shall treat
40 those as being incorporated in my judgment.
The final result, and I state ie matter in a very summary form, is that the plaintiff has a significant shoulder injury and has some difficulty with his cervical spine. The judge found that there is difficulty with the shoulder joint which causes pain, probably either due to strain or minor arthritic changes and, as he said in his
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