Cowra Shire Council v Trudgett [2004] NSWCA 9

New South Wales Court of Appeal

CITATION : Cowra Shire Council v Trudgett [2004] NSWCA 9 HEARING DATE(S) : 11 December, 2003 JUDGMENT DATE : 17 February 2004

JUDGMENT OF : Meagher JA at 1; Hodgson JA at 2; Palmer J at 3 DECISION : Appeal dismissed with costs.

CATCHWORDS : PERSONAL INJURY - FUTURE ECONOMIC LOSS - Motor vehicle accident - respondent a young person with no prior work history - assessment of future economic loss - principles. - Foster v Tyne and Wear County Council [1986] 1 All ER 567 - Jones v Schiffmann (1971) 124 CLR 303 - Jongen v CSR Ltd (1992) Aust Torts Reports 61,706 CASES CITED : - J.K. Kealley v Jones [1979] 1 NSWLR 723 - Linsell v Robson [1976] 1 NSWLR 249 - Moran v McMahon (1985) 3 NSWLR 700 - Paul v Rendell (1981) 55 ALJR 371 - State of New South Wales v Moss (2000) 54 NSWLR 536 PARTIES : Cowra Shire Council - Appellant Marjorie Trudgett - Respondent FILE NUMBER(S) : CA 40121/03 COUNSEL : M.W. Robinson - Appellant A.J. Black with D.R.J. Toomey - Respondent SOLICITORS : Phillips Fox - Appellant Golsby Whitely - Respondent

LOWER COURT District Court JURISDICTION : LOWER COURT DC 126/01 FILE NUMBER(S) : LOWER COURT O'Reilly DCJ JUDICIAL OFFICER :

1 Meagher JA : I agree with Palmer J. 2 Hodgson JA : I agree with Palmer J. 3 Palmer J : Introduction 4 This an appeal against an award of damages in favour of the respondent made by Judge O'Reilly in the District Court on 18 February 2003. 5 The respondent was injured on 7 May 2001 when the car she was driving struck a large patch of loose gravel on a curve in a road which was under repair by the appellant. The car skidded on the gravel, failed to respond to the respondent's efforts to control it, left the road, hit a tree on the driver's side, then an embankment, rolled over and eventually came to rest on the road. The respondent, who was eighteen at the time of the accident, sustained a displaced fracture to the right body of the pubis, a fracture to the right inferior pubic ramus, some disruption of the right sacroiliac joint and a fracture of the right ala of the sacrum. 6 The judge found that the appellant was liable in negligence and that the respondent had not been guilty of any contributory negligence. He entered a verdict and judgment for the respondent in a total sum of $463,303. 7 The appellant appeals on only three grounds: