NSW Caselaw
New South Wales District Court
CITATION: Kaiser v Johnston [2010] NSWDC 103
HEARING DATE(S): 23/02/2010-26/02/2010
JUDGMENT DATE: 11 June 2010
JURISDICTION: District Court - Civil
JUDGMENT OF: Sidis DCJ at 1
Verdict and judgment for the plaintiff in the sum of $291,609. DECISION: The defendant is to pay the plaintiff's costs of the proceedings. This order is suspended for a period of seven days to allow the parties to list the matter for further argument on this issue, if required. Exhibits G and H are returned. The remaining exhibits are to be retained for 28 days.
CATCHWORDS: MOTOR VEHICLE ACCIDENT - Circumstances of the accident - Causation - Contributory negligence - Brain damaged plaintiff - Extent of residual impairment.
CASES CITED: Bendix Mintex Pty Limited v Barnes (1997) 42 NSWLR 307 Wallaby Grip v Macleay Area Health Service (1998) 17 NSWCCR 355
TEXTS CITED: Australian Road Rules 1999
PARTIES: William Leslie Kaiser (Plaintiff) Paul Douglas Johnston (Defendant)
FILE NUMBER(S): 2009/332687
COUNSEL: Mr A Stone (for the Plaintiff) Mr B Fitzsimmons (for the Defendant)
SOLICITORS: Burke Elphick & Mead Lawyers (for the Plaintiff) Moray & Agnew Solicitors (for the Defendant)
JUDGMENT
1 William Leslie Kaiser was injured on 6 August 2007 when, as a pedestrian, he impacted with a vehicle driven by Paul Douglas Johnston. The accident occurred in the early hours of the morning, before sunrise, at the intersection of Walford and Walton Streets, Wallsend.
2 The plaintiff remembered nothing of the circumstances in which the accident occurred. The defendant did not see the plaintiff before the impact with his vehicle.
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