Prasad v Woolworths Limited [2017] NSWDC 79

District Court New South Wales

Medium Neutral Citation: Prasad v Woolworths Limited [2017] NSWDC 79 Hearing dates: 29 and 30 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $293,000. (2) Defendant to pay the plaintiff's costs. Catchwords: TORT – negligence – personal injury – slip and fall – supermarket – limited system of cleaning and inspections – injury to back, right knee and right buttock – psychological injuries – domestic assistance Legislation Cited: Civil Liability Act 2002, s 5B, s 5C, s 5D Cases Cited: Brady v Girvan Bros Pty Ltd (1986) 7 NSWLR 241 Franklins Limited v Brown [2000] NSWCA 177 Irena Alat v Franklins Pty Ltd [2012] NSWDC 104 Strong v Woolworths Limited (2012) 246 CLR 152; [2012] HCA 5 Category: Principal judgment Parties: Premila Prasad (plaintiff) Woolworths Limited ACN 000 014 675 (defendant) Representation: Counsel: Mr A Parker (plaintiff) Mr R Gambi (defendant)

Solicitors: Compensation Partners Pty Ltd (plaintiff) File Number(s): 2016/37789 Publication restriction: None

Judgment

A. NATURE OF THE CASE 1. Premila Prasad slipped and fell in a Woolworths store and claims damages for negligence. Past out-of-pocket expenses are agreed at $20,000.

B. ISSUES 1. The issues in the proceedings are: 1. Whether Woolworths was negligent. 2. What percentage of a most extreme case should be adopted in respect of Ms Prasad's injuries and disabilities in order to calculate her non-economic loss. 3. What award, if any, should be made in respect of past and future loss of earning capacity. 4. What level of domestic care for Ms Prasad has been occasioned by the fall, and would it be likely that Ms Prasad would incur the expense of paid commercial care in the future. 5. Future medical expenses.