LAVER v EVANS [2007] NSWDC 19

New South Wales District Court

CITATION: LAVER v EVANS [2007] NSWDC 19

HEARING DATE(S): 20-21 February 2007 EX TEMPORE JUDGMENT DATE : 26 February 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Verdict and judgment for the plaintiff in the sum of $103,000.00; 2. Defendant to pay the plaintiff's costs of the proceedings; 3. Exhibits to be retained for 28 days.

CATCHWORDS: School leaver - assessment of income earning capacity

PARTIES: Jye LAVER bht Gillian LAVER Joanne EVANS

FILE NUMBER(S): Newcastle 131/06

T R Edwards - plaintiff COUNSEL: J Guihot - defendant

Bale Boshev Lawyers - plaintiff SOLICITORS: Turner Whelan - defendant

JUDGMENT

HER HONOUR

1 In this matter the plaintiff, Jye Laver, was injured in a motor vehicle accident on 14 May 2003. At the time, he was fourteen years old. He is now eighteen. He was a rear seat passenger in a motor vehicle that ran off the road. Breach of the duty of care is admitted. Not meeting the threshold of ten per cent whole person impairment, the matter came before the court for assessment of future loss of income earning capacity and future medical expenses.

2 The injuries that were claimed are set out in the statement of particulars as follows: abdominal injury requiring removal of a section of the bowel; scarring; injury to the thoracic and lumbar spines; injury to the right knee; injury to head; scarring injury to right hip; inability to undertake normal sporting activities; and loss of time from school.

3 The issue which was debated during the course of the hearing was the extent to which the plaintiff had in fact suffered injuries and their ongoing effect upon his capacity to earn income.