Yousef Sukkarieh v Nominal Defendant [2008] NSWDC 163

New South Wales District Court

CITATION: Yousef Sukkarieh v Nominal Defendant [2008] NSWDC 163

HEARING DATE(S): July 15,16, 17 2008

JUDGMENT DATE: 14 August 2008

JURISDICTION: Civil

JUDGMENT OF: Murrell SC DCJ

DECISION: See Paragraphs 53 and 54

CATCHWORDS: Pedestrian accident, unidentifiable vehicle, due inquiry and search, negligence, future economic loss.

LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW)

CASES CITED: Harrison v Melhem [2008] NSWCA 67 Nominal Defendant v Swift; Wollondilly Shire Council v Swift [2007] NSWCA 56

PARTIES: Yousef Sukkarieh (Plaintiff) Nominal Defedant

FILE NUMBER(S): 5307/2006

COUNSEL: Michael Maxwell David O'Dowd

SOLICITORS: Ray Abbas, Gerard Malouf & Partners Moray & Agnew

JUDGMENT

Yousef Sukkarieh v Nominal Defendant

1 On 15 February 2005, the plaintiff (date of birth 11 November 1984) presented at Westmead Hospital with a fractured right medial malleolus, right knee avulsion fracture of the fibula, minimal fracture of the left lateral malleolus and multiple skin abrasions. He said that he had tripped as he was crossing the road and his legs had been run over. The Hospital undertook an open reduction and internal fixation of the fractured right ankle. The plaintiff's right leg was placed in a non - weight bearing cast for six week. His left leg was placed in a weight bearing cast. On 2 March, he was transferred to St Joseph's Hospital, where he received rehabilitation as an inpatient. On 7 March, he was discharged. Since the accident, the plaintiff has worked sporadically. He has not resumed his pre - accident sporting activities of kickboxing and social football.