BELL v DODDS [2007] NSWDC 183

New South Wales District Court

CITATION: BELL v DODDS [2007] NSWDC 183

HEARING DATE(S): 29-30 August 2007 EX TEMPORE JUDGMENT DATE : 31 August 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

CATCHWORDS: ASSESSMENT - severe back injury - effect of drug and alcohol abuse on life expectancy

LEGISLATION CITED: Motor Accidents Compensation Act 1999

PARTIES: Stephen Charles BELL Heidi DODDS

FILE NUMBER(S): Newcastle 156 of 2007

R J M Foord - Plaintiff COUNSEL: S J Harben SC - Defendant

Kingston Swift - Plaintiff SOLICITORS: Dibbs Abbott Stillman - Defendant

JUDGMENT

1 The plaintiff, Stephen Charles Bell, on his own admission is no angel. Over the last twenty years or so he has spent fifty per cent of his time in gaol. He has long term addictions to drugs and alcohol.

2 The matter before the court arises out of a motor vehicle accident that occurred on 2 August 2000 when he broke his back. The evidence establishes that he is significantly permanently impaired and it is agreed between the parties that his injuries exceed ten per cent whole person impairment. Breach of duty of care was admitted, contributory negligence was agreed at twenty five per cent.

3 The issues ventilated before the court were as follows. 1. The extent to which I should accept the plaintiff as a witness of credit. 2. The extent to which his lifestyle has affected his life expectancy and therefore, the damages to be awarded for non-economic loss. 3. His income earning prospects having regard to the requirements of s 129 of the Motor Accidents Compensation Act 1999. 4. His requirements for personal and domestic care; and 5. His requirements for future medical expenditure.