Benning v Richardson

The case of Benning v Richardson was heard by Elkaim J in the Supreme Court of the Australian Capital Territory. The plaintiff, Dannielle Benning, claimed damages arising from a motor vehicle accident on 1 February 2014, in which she was a passenger in a vehicle driven by Jamie Richardson, who was intoxicated. The second defendant, Insurance Australia Limited Trading as NRMA Insurance, was the third-party insurer. The plaintiff sought damages for general damages, past and future economic loss, past and future medical expenses, and past and future domestic assistance. The first defendant admitted to a breach of duty of care by driving while intoxicated but argued that the accident was caused by the plaintiff interfering with the steering of the vehicle and that there should be a finding of contributory negligence due to her voluntary departure with an intoxicated driver and failure to wear a seatbelt.

The court rejected the first defendant's evidence about the plaintiff interfering with the steering of the vehicle, finding that his evidence was not credible. The court also found that the plaintiff was not wearing a seatbelt at the time of the accident, which contributed to her injuries. Furthermore, the court held that the plaintiff was contributory negligent for voluntarily entering a vehicle with an intoxicated driver and not wearing a seatbelt. The court determined that the appropriate percentage of contributory negligence was 35%.

In assessing the damages, the court awarded general damages of $160,000, interest on general damages of $8,000, past medical expenses of $51,964.75, interest on unpaid past medical expenses of $206, future medical expenses of $28,000, past economic loss of $25,000, past lost superannuation benefits of $3,750, interest on past economic loss of $3,750, future economic loss of $31,517.26, future lost superannuation benefits of $5,357.93, past domestic assistance of $53,235, and future domestic assistance of $87,648.75. The total damages awarded were $458,429.69, reduced by 35% for contributory negligence, resulting in a final award of $297,979.30.

The court made the following orders: (i) judgment for the plaintiff in the sum of $297,979.30, (ii) the defendant to pay the plaintiff's costs of the proceedings, and (iii) the court would hear the parties if any different costs orders were sought.