Catherine Robertson v Joshua Liebmann

District Court

New South Wales

Medium Neutral Citation:	Catherine Robertson v Joshua Liebmann [2015] NSWDC 231
Hearing dates:	9 – 11 September 2015
Decision date:	01 October 2015
Jurisdiction:	Civil
Before:	Mahony SC DCJ
Decision:	Verdict and judgment for the plaintiff. For Orders see [90]
Catchwords:	Motor accident; liability; contributory negligence; assessment of damages
Legislation Cited:	Civil Liability Act 2002 (NSW) Motor Accidents Compensation Act 1999 (NSW) Road Rules 2014 (NSW)
Cases Cited:	Bankstown Foundry Pty Limited v Braistina (1986) 160 CLR 301 Coles Supermarkets Australia Pty Limited v Haleluka [2012] NSWCA 343 Davis v Swift [2014] NSWCA 458 Gordon v Truong [2014] NSWCA 97 Grills v Leighton Contractors Pty Ltd [2015] NSWCA 72 Manley v Alexander (2005) 80 ALJR 413 Marien v Gardiner; Marien v H J Heinz Company Australia Limited [2013] NSWCA 396 Medlin v State Government Insurance Commission (1995) 182 CLR 1 Nominal Defendant v Bacon [2014] NSWCA 275 Nominal Defendant v Ross (No. 2) [2014] NSWCA 370 Purkess v Crittenden (1965) 114 CLR 164 T & X Company Pty Limited v Chivas [2014] NSWCA 235 Teuma v CP & P K Judd Pty Limited [2007] NSWCA 166 Verryt v Schoupp [2015] NSWCA 128 Warth v Lafsky [2014] NSWCA 94 Watts v Rake (1960) 108 CLR 158
Category:	Principal judgment
Parties:	Catherine Robertson (Plaintiff) Joshua Liebmann (Defendant)
Representation:	Counsel: A Lidden SC with M Sciglitano (Plaintiff) C Allan (Defendant)   Solicitors: Brydens Compensation Lawyers (Plaintiff) T L Lawyers (Defendant)
File Number(s):	14/210070
Publication restriction:	Nil

Judgment

The plaintiff’s claim

1. The plaintiff claims damages for personal injuries she suffered on 19 August 2012. At approximately 5pm that day, the plaintiff was a pedestrian on Newman Street, Newtown. It is common ground that Newman Street runs generally east-west, and the plaintiff was walking in a generally easterly direction along the northern footpath of Newman Street when she came to the intersection of Thomas Street. Thomas Street forms a T-intersection with Newman Street, which ends a short distance to the east of the intersection.

2. As the plaintiff crossed Thomas Street, she was struck by a vehicle being driven by the defendant, which was reversing into Thomas Street so as to effect a turn, and then proceed in a westerly direction along Newman Street.

3. The plaintiff suffered injuries to her left wrist and right knee. She has not satisfied the threshold in s 131 of the Motor Accidents Compensation Act 1999 (NSW) (‘MACA’), and therefore is not entitled to damages for non‑economic loss.

Defence

4. The defendant denies liability for the plaintiff’s injuries and further alleges contributory negligence on the part of the plaintiff. The particulars of contributory negligence are as follows:

1. “Failure to keep a proper lookout.

2. Failure to exercise reasonable caution when crossing the roadway

3. Failure to stop and allow the defendant’s vehicle to pass.

4. Failure to ensure that roadway was clear before attempting to cross same.

5. Moving into the path of a reversing vehicle.

6. Entering upon and attempting to cross the roadway when it was unsafe to do so because…