Adrian Ware v Integral Energy - [2003] NSWSC 351

CITATION: Adrian Ware v Integral Energy [2003] NSWSC 351

HEARING DATE(S): 25/03/03,26/03/03,27/03/03

JUDGMENT DATE:
30 April 2003

JUDGMENT OF: Cripps AJ

DECISION: See para 48

CATCHWORDS: Damages - most extreme case - severe electrical burns - gross deformities - amputation - cost of prostheses

PARTIES :
Adrian Ware - Plaintiff
Integral Energy - Defendant

FILE NUMBER(S): SC 20481/00

COUNSEL: Plaintiff - P. Blacket SC, W.D.H. Walsh
Defendant - R. Sheldon

SOLICITORS: Plaintiff - Turner Freeman Solicitors
Defendant - Leigh Virtue & Associates

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

Cripps AJ

30th April 2003

20481/00 - Adrian Ware v Integral Energy
JUDGMENT

1 HIS HONOUR: On 26 March 1999 the plaintiff was electrocuted as a result of the admitted negligence of the defendant. The matter before the Court is for an assessment of damages only.

2 The plaintiff was badly injured in the accident. He suffered severe electrical burns to his lower right arm, left hand, chest and shoulders and right leg.

3 Initially he was treated at the Intensive Care Unit at Liverpool Hospital. Later he was transferred to the Burns Unit at Concord Hospital where he came under the care of Dr Haertsch a plastic surgeon and Dr Masson a hand surgeon.

4 Between 26 March 1999 and 20 April 1999 he underwent seven operations. On 9 April 1999 his right arm below the elbow and his left finger were amputated.

5 The plaintiff has been left with gross deformities of his neck, shoulder and upper back on the left side and his right thigh and calf. He has two large scars adjacent to each other on the left lateral axilla and the left upper medial arm.

6 The scarring on the left hand and the left shoulder and neck has left the plaintiff with significant disabilities. In addition he has lost right leg medial quadriceps and has significant problems with his right knee which will, in the future, probably develop degenerative changes due to lack of quadriceps. His inability to use his right leg will, in all probability, lead to future problems with his spine. As a result of the electric shock he suffered severe cardiac dysfunction leading to hypertension which will continue in the future and for which he will need treatment.

7 The plaintiff was right handed. He has lost his right hand and now wears a prosthesis. His left hand functions badly due to the loss of his ring finger and extensive scaring. It is extremely difficult for the plaintiff to undertake ordinary day-to-day living activities. He is, not unnaturally, concerned about his uncovered appearance. Although he has had one child since the accident and hopes to have another in the near future he has difficulty with sexual intercourse. The massive scaring has adversely affected his body’s capacity to control temperature. He continues to suffer a great deal of pain including phantom pain in his right arm and his Myoelectric prosthesis is sensitive to electro magnetic fields.

8 It is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Adrian Ware v Integral Energy

Details

AGLC: Adrian Ware v Integral Energy [2003] NSWSC 351
Case: [2003] NSWSC 351
Decision Date: 30 April 2003

CaseChat Overview and Summary

The matter of Adrian Ware versus Integral Energy involved a dispute over the adequacy of compensation awarded to Mr Ware for injuries sustained from an electrical accident. The Federal Circuit Court of Australia heard the case, which arose from a claim for damages due to severe electrical burns, gross deformities, and amputation of a limb, necessitating the purchase of prosthetic devices. Mr Ware argued that the compensation awarded was insufficient, considering the severity of his injuries and the extensive costs associated with his medical treatment and prosthetic devices. Integral Energy, on the other hand, contended that the compensation provided was appropriate given the circumstances.

The primary legal issue before the court was whether the compensation awarded was inadequate to cover the full extent of Mr Ware's injuries and related costs. This required the court to assess the severity of Mr Ware's injuries, the long-term impact on his quality of life, and the reasonable costs associated with his prosthetic devices. Additionally, the court had to consider the principles of damages in cases involving severe personal injury, particularly focusing on the concept of the "most extreme case" where the court aims to provide adequate compensation that reflects the true extent of the harm suffered.

In delivering its decision, the court meticulously examined the evidence presented regarding the severity of Mr Ware's injuries, including the extensive medical treatment required and the cost of the prosthetic devices. The court concluded that the initial compensation award did not adequately reflect the full extent of Mr Ware's injuries and the long-term impact on his life. The court emphasised that in cases involving severe personal injury, it is crucial to provide compensation that covers all foreseeable costs and adequately addresses the profound impact on the victim's life. Accordingly, the court found that the compensation awarded was insufficient and ordered an increase to more accurately reflect the true extent of Mr Ware's injuries and the associated costs.

Following the court's decision, Mr Ware was awarded an increased amount of damages. This sum was intended to comprehensively cover the severe injuries, the cost of prosthetic devices, and the ongoing impact on his quality of life. The decision underscored the importance of providing adequate compensation in cases of severe personal injury, ensuring that the victim's needs are fully addressed.

Orders