McDonald v Moama Bowling Club Limited [2008] NSWDC 230

New South Wales District Court

CITATION: McDonald v Moama Bowling Club Limited [2008] NSWDC 230

HEARING DATE(S): 16-17 September 2008 EX TEMPORE JUDGMENT DATE : 23 September 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 Verdict and judgment for the plaintiff in the sum of $302,158.14. DECISION: 2 The defendant is to pay the plaintiff's costs on an ordinary basis up to and including 6 August 2008 and on an indemnity basis thereafter. 3 The exhibits will be retained for twenty eight days.

CATCHWORDS: TORT - slip and fall on stairs in Bowling Club - negligence where stairs met Building Code requirements - contributory negligence - assessment of damages for 80 year old plaintiff

LEGISLATION CITED: Civil Liability Act 2002

CASES CITED: Reece v Reece (1994) 19 MVR 103

PARTIES: June Alice McDonald - Plaintiff Moama Bowling Club Limited - Defendant

FILE NUMBER(S): Albury File 134/07

COUNSEL: B D Dooley SC-J G Stewart - Plaintiff N J Polin - Defendant

SOLICITORS: Harris Lieberman - Plaintiff Curwoods Lawyers - Defendant

JUDGMENT

1 June Alice McDonald, then aged seventy-six, went to the Moama Bowling Club for Christmas lunch on 25 December 2004. She had not been to the club on any previous occasion. She was accompanied by her husband, her daughter Deborah Ryan, her son-in-law and her two grandchildren.

2 They arrived at twelve noon for the first luncheon sitting at the club. Having eaten, the plaintiff stood to leave. She decided to attend the toilet before leaving. This required the plaintiff to walk a short distance from her table and descend a flight of three steps. She fell on these steps and suffered significant injury to her right upper arm and shoulder. Her right arm is immobilised. She is right hand dominant.