Read the full judgment text of HCA 007100/1984 on BabelCite. This High Court CFI judgment was delivered on 13 March 1987 before Master Jones.
Personal injury – assessment of damages – motor vehicle accident – police vehicle – fractured fibula of left ankle – alleged dislocation of right shoulder – causation – hearsay medical evidence – pre-trial loss of earnings – calculation of daily rate – total loss of earnings – future loss of earning capacity – multiplier/multiplicand – interest on damages – Legal Aid. While riding his motorbike on 2 November 1982, the plaintiff was struck by a police vehicle driven by the first defendant and suffered a fractured left fibula and a right shoulder dislocation. Interlocutory judgment was entered by consent against both defendants and the matter proceeded to assessment of damages before Master Jones. The court first determined that the right shoulder dislocation was directly attributable to the accident, rejecting the defendants' case that it pre-existed, after disregarding as hearsay Dr. Ngai's conclusions drawn from hospital records and earlier reports not before the court, and giving weight to the ample post-accident evidence of serious shoulder problems requiring a Bankart operation and multiple further dislocations. On quantum, the court awarded $37,000 for general damages for pain, suffering and loss of amenities. For pre-trial loss of earnings, the court rejected the plaintiff's methodology of applying a high average daily rate of $150 derived from partial working months and instead arbitrarily reduced the daily rate to $140, yielding a monthly loss of $3,640. The court further rejected the claim of total loss of earnings for 20 months, finding the plaintiff's evidence vague and contradicted by an earlier affidavit and Dr. Wedderburn's report indicating casual work at $700 per month; total loss was allowed only until end of June 1983, with assumed earnings of $700 per month applied thereafter. No award was made for the 3.5 months prior to commencing work with K.M. Luk, and no award was made for the post-dismissal period up to trial. For post-trial loss, the court declined the multiplier/multiplicand approach due to the lack of a reliable working pattern and awarded a global sum of $40,000. Special damages of $3,924 were agreed. Total award $157,603, abating by the $20,000 interim payment to the Director of Legal Aid, with interest on general damages at 2% per annum from the writ, interest on special damages at 3.5% per annum from the accident, and no interest on the future loss award. Costs to the plaintiff against both defendants, taxed under the Legal Aid Regulations, with a certificate for counsel.
Legal issues: Causation of right shoulder dislocation · Admissibility of Dr. Ngai's hearsay evidence · Method of calculating pre-accident daily earnings rate · Whether plaintiff proved total loss of earnings for 20 months · Use of multiplier/multiplicand for future loss · Interest on awards
Outcome: Total award of $157,603.00 in damages to the plaintiff against the two defendants, comprising general damages of $37,000, pre-trial loss of earnings of $76,679, loss of future earning capacity of $40,000, and agreed special damages of $3,924.
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