BAKER v THE NOMINAL DEFENDANT [1996] NSWCA 38

BAKER v THE NOMINAL DEFENDANT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ and BEAZLEY JA 16 May 1996 [1996] NSWCA 38

DAMAGES — QUANTUM APPEAL An award of damages for personal injuries was increased from $64,690.15 to $86,690.15 — No question of principle involved.

ORDERS 1 Appeal allowed with costs. 2 In lieu of verdict at first instance, verdict for appellant for $86,690.15.

Gleeson CJ This is an appeal from a decision of her Honour Judge Sidis given in the District Court in June 1995. The appellant, Mrs Baker, had sued for damages for personal injuries suffered in a motor vehicle accident which occurred on 24 January 1994. Liability was admitted and the matter came before Sidis DCJ for the purpose of assessment of damages.

The appellant was aged forty-four at the date of the accident. She was working in a nursing home in the kitchen and laundry. She left school in 1965 after completing third form and her work history shows that over the years between 1965 and 1994 she had a variety of forms of unskilled employment. Her employment with the nursing home was terminated some time after the accident and she had not returned to work since.

The appellant was hospitalised for about eleven days following the accident. When she was admitted to the hospital she was diagnosed as suffering from a fractured sternum, internal abdominal injuries, cuts on her left leg and extensive bruising.

The major complaint concerning ongoing disability was a complaint relating to continuing pain in the back, shoulders and neck. X-rays and other radiological evidence did not indicate any damage to the spine and the diagnosis was soft tissue injury to the neck.

In a report dated 28 July 1994 Dr Conrad expressed the following opinion: "This lady was involved in an accident as detailed under History. As a result she sustained a whiplash injury of the neck, a fractured sternum, bruising of her ribs and haematoma of the right side of her abdominal wall which was subsequently drained. She has been left with pain in her neck and chest and over the sternum.