Jarzebski & 1 Or v Jiminez [2006] NSWCA 104

New South Wales Court of Appeal

CITATION: Jarzebski & 1 Or v Jiminez [2006] NSWCA 104

HEARING DATE(S): 03/05/06

JUDGMENT DATE: 3 May 2006

JUDGMENT OF: Ipp JA at 1; Basten JA at 34; Hislop J at 35

EX TEMPORE JUDGMENT DATE: 05/03/2006

DECISION: (1) The appeal against liability is dismissed (2) The order made by the trial judge that the respondent's damages be reduced by 45 per cent is set aside and in lieu thereof an order is made that the respondent's damages are to be reduced by 60 per cent (3) The judgment entered by the trial judge of $770,000 is set aside and in lieu thereof there will be a verdict and judgment in the amount of $560,000 for the respondent (4) The costs of the trial to be paid by the defendants. Each party will pay its own costs of the appeal.

CATCHWORDS: NEGLIGENCE - respondent struck by a taxi while walking across a busy city road - taxi driver did not see respondent until just prior to impact - whether taxi driver was negligent - whether taxi driver should have been alert to the possibility of someone crossing the road - whether taxi driver had an opportunity to see the respondent - contributory negligence - apportionment - respondent did not cross at pedestrian crossing - respondent intoxicated. ND

CASES CITED: Manly v Alexander (2005) ALJR 413

PARTIES: Wojciech Jarzebski & Green Cabs Pty Ltd (Appellants) Jess Abel Jiminez (Respondent)

FILE NUMBER(S): CA 40481/05

COUNSEL: D F Rofe QC/B Hull (Appellants) S Norton SC/M Fraser (Respondent)

SOLICITORS: G Mallos (Appellants) Marsdens Law Group (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 9497/00