Campbell v Jones

In the case of Campbell v Jones, the plaintiff, who was injured in a car accident, brought an action against the defendant. The matter was heard in the Supreme Court of Queensland, where the trial judge determined that the plaintiff had suffered significant impairment of her capacity to engage in employment. The defendant appealed against the damages awarded, arguing that the trial judge had erred in assessing the general damages, damages for future economic loss and damages for gratuitous services. The court was also asked to consider whether the trial judge had erred in admitting evidence of gratuitous services and future economic loss.

The legal issues before the court included whether the trial judge had erred in assessing the damages awarded, the admissibility of evidence of gratuitous services and future economic loss, and the appropriateness of the costs awarded. The court considered the evidence provided by the two orthopaedic surgeons and found that the trial judge's findings were open and correctly made. The court also found that the trial judge had not erred in admitting evidence of gratuitous services and future economic loss, as the evidence was relevant to the damages claimed by the plaintiff.

The court found that the trial judge had not erred in assessing the damages awarded, but that the award of damages for future economic loss was excessive. The court reduced the award of damages for future economic loss by $50,000. The court also found that the trial judge had erred in ordering costs on an indemnity basis and ordered that the costs be assessed on a standard basis.

The appeal was allowed in part. The judgment of the Trial Division was set aside, and in lieu, judgment was entered that the defendant pay the plaintiff the amount of $62,557.40 and her costs of the proceeding to be assessed. The court granted leave for the solicitors for the respondent to file submissions and/or affidavits in accordance with the reasons for judgment of Fryberg and Mullins JJ as they may be advised within 14 days. The question of any order in relation to those solicitors was adjourned for further consideration.