Davies v Norberry [2008] NSWDC 112

New South Wales District Court

CITATION: Davies v Norberry [2008] NSWDC 112

HEARING DATE(S): 19 and 20 June 2008

JUDGMENT DATE: 9 July 2008

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

DECISION: Verdict for the plaintiff against the defendant in the amount of $622,738.76; parties to be heard on costs before final orders made

CATCHWORDS: MOTOR VEHICLE ACCIDENT - negligence - pedestrian plaintiff struck by motor vehicle while crossing the road - plaintiff had impaired sight and walking with assistance of a guide dog - defendant admitted liability - claim for contributory negligence abandoned - assessment of damages - costs

LEGISLATION CITED: Motor Accidents Compensation Act 1999, ss 124, 128(3), 131 and Pt 3

CASES CITED: Harrison v Melhem [2008] NSWCA 67 Roads and Traffic Authority v McGregor [2005] NSWCA 388; (2005) 44 MVR 261

PARTIES: Bronwyn Davies (Plaintiff) Melanie Norberry (Defendant)

FILE NUMBER(S): 3373 of 2007

COUNSEL: Mr CP Locke (Plaintiff) Mr DL Ronzani (Defendant)

SOLICITORS: Goldrick Farrell Mullan (Plaintiff) Curwoods Lawyers (Defendant)

JUDGMENT

Introduction 1 In this action the plaintiff, Bronwyn Davies, has sought damages for personal injury sustained in a motor vehicle accident occurring at about 7.40am on 30 May 2005. The plaintiff, who was blind and partially deaf, was walking across Bridge Street at Rydalmere on her way to work with the assistance of a guide dog when she was struck by a vehicle owned and driven by the defendant, Melanie Norberry. She suffered multiple fractures to her legs and was taken by ambulance to Westmead Hospital and then two days later to The Hills Private Hospital where extensive surgery was performed by Dr John Fox.