Clement v Backo

John Radcliffe Clement was injured in a single vehicle accident after work on 4 February 2004. The vehicle in which he was a passenger turned over after hitting a sheet of water across the road in a gully. The driver, Elton Mervyn Ross Backo, was an employee of United Group Resources. Liability was not in issue. The only issue before the court was the quantum of damages. The court held that the plaintiff's damages were governed by the provisions of the Civil Liability Act 2003. The court assessed the injury scale value (ISV) for the plaintiff's multiple injuries and determined that the appropriate ISV was 20. The court awarded general damages of $26,000. The court also allowed the claimed $40,000 for gratuitous services in relation to the plaintiff's plantation. For future economic loss, the court awarded $227,375, discounted by 15%. The court also allowed $60,000 for additional travel expenses. The court gave judgment for the plaintiff against the Second Defendant in the sum of FIVE HUNDRED AND THIRTY-NINE THOUSAND AND FORTY-FOUR DOLLARS AND EIGHT CENTS ($539,044.08).