Emvalomas v Bradley

The case of Emvalomas v Bradley involved a motor vehicle collision where the plaintiff, Emvalomas, was struck by a vehicle driven by the defendant, Bradley, at an intersection controlled by traffic signals. The central disputes were the colour displayed by the traffic lights at the time of the incident and the sequence of events leading up to the collision. The matter was heard in the Supreme Court of New South Wales. The plaintiff sought damages for injuries sustained in the accident, while the defendant contested liability and the extent of the damages claimed.

The court was required to determine the factual circumstances surrounding the traffic signals and the sequence of events, as these were in dispute. Additionally, the court had to assess whether the plaintiff failed to mitigate their damages by delaying treatment due to a dispute with their CTP insurer over payment for recommended treatment. The plaintiff claimed various heads of damage, including general damages for pain and suffering, economic loss, and non-economic loss. The defendant argued that the plaintiff's failure to promptly seek treatment constituted a failure to mitigate damages.

In ruling on these issues, the court found that the traffic lights were displaying red, indicating that the plaintiff had the right of way. The court also determined that the sequence of events favoured the plaintiff's version of events. Regarding the mitigation of damages, the court found that the plaintiff did not unreasonably delay treatment and, therefore, was not required to mitigate damages. The court assessed the claimed heads of damage and found the plaintiff's claims to be substantiated, awarding damages accordingly. The court entered a verdict and judgment in favour of the plaintiff, awarding $1,130,455 in damages. The defendant was ordered to pay the plaintiff's costs on the ordinary basis unless otherwise entitled. The exhibits were to be returned, and liberty was granted to apply if further orders were required.