Stock v Johnston [2012] NSWDC 212

District Court New South Wales

Medium Neutral Citation: Stock v Johnston [2012] NSWDC 212 Hearing dates: 8-10,14 August 2012 Decision date: 15 August 2012 Before: Neilson DCJ Decision: I give verdict and judgment for the Plaintiff against the Defendant for $80,878.68. I order the Defendant to pay the Plaintiff's costs. I grant a stay of proceedings of 28 days. Exhibits to be retained. Catchwords: PERSONAL INJURY - Tort of negligence - Plaintiff attempting to cross street when she collided with a motor vehicle being driven by the defendant - Plaintiff did not see defendant's vehicle heading towards her - Plaintiff had stopped at pedestrian ramp on kerb and looked both ways before stepping onto the road - Defendant saw plaintiff and slowed down and kept plaintiff under observation - Plaintiff had likely blood alcohol concentration at time of collision of 0.302 g/100 ml - CONTRIBUTORY NEGLIGENCE - Plaintiff's damages reduced by 75% Legislation Cited: Civil Liability Act 2002 ss 49, 50 Motor Accidents Compensation Act 1999 Cases Cited: Evans v Lindsay [2006] HCA 354 Manley v Alexander [2005] HCA 79 Vale v Eggins [2006] NSWCA 348 Category: Principal judgment Parties: Julianne Rochelle Stock (Plaintiff) Kylie Ann Johnston (Defendant) Representation: Mr G Radburn (Plaintiff) Mr D Priestly (Defendant) Bourke Love Lawyers (Plaintiff) TL Lawyers (Defendant) File Number(s): 2011/337995