Rachel Louise Tenbosch v Helen Myers [2012] NSWDC 38

District Court New South Wales

Medium Neutral Citation: Rachel Louise Tenbosch v Helen Myers [2012] NSWDC 38 Hearing dates: 5 March 2012 Decision date: 04 April 2012 Before: Judge M Sidis Decision: 1.Verdict for the defendant. 2.The plaintiff is to pay the defendant's costs of the proceedings. 3.The exhibits are returned. 4.My reasons are published. Catchwords: MOTOR VEHICLE ACCIDENT: Ankle injury to pedestrian - whether plaintiff stationary at time of injury or walking into side of defendant's vehicle - biomechanical engineering evidence concerning nature of injury - contributory negligence - economic loss - requirement for domestic care Legislation Cited: Motor Accidents Compensation Act 1999 Category: Principal judgment Parties: Rachael Louise Tenbosch (Plaintiff) Helen Myers (Defendant) Representation: Mr Sergi (For the Plaintiff) Mr Cummings (For the Defendant) Carroll & O'Dea Lawyers (For the Plaintiff) Moray & Agnew (For the Defendant) File Number(s): 2011/23903

Judgment 1The plaintiff suffered injury on 6 March 2009 when struck by the vehicle driven by the defendant in Harrison Street, Cardiff. She fractured her right ankle. 2She claimed that her injury was the result of the defendant's negligence. 3The issues were: 1whether there was negligence on the part of the defendant; 2whether there was contributory negligence on the part of the plaintiff; 3the extent to which the plaintiff was to be compensated for loss of income earning capacity, domestic care and out of pocket expenses.