Fitzgerald v Goonan

The appeal in Fitzgerald v Goonan was brought by the defendant, contesting the damages awarded to the plaintiff following a motor vehicle accident that occurred on 17 May 1996. The plaintiff, who was 34 at the time of the accident, suffered from a C 6/7 left-sided unilateral facet subluxation, a fracture of the base of the left thumb, and a brain injury. The defendant had conceded liability, and the damages were assessed for the plaintiff's personal injury and loss of future earning capacity. The Full Court of the Supreme Court of South Australia was required to determine the correctness of the damages awarded under future economic loss and future gratuitous services.

The Full Court found that the Trial Judge's assessment of future economic loss was appropriate. The Court rejected the defendant's argument that the award for the plaintiff's inability to work five days per week was excessive, noting that the positive contingencies outweighed the negative contingencies. The Court also found that the award for the plaintiff's loss of promotional opportunity was not manifestly excessive, and adjusted the calculation to account for superannuation and taxation differences between the plaintiff's current position and the potential higher-paying position. Regarding future gratuitous services, the Full Court agreed with the Trial Judge's assessment, finding that the award of $30,000 was not excessive, given the plaintiff's need for assistance with domestic tasks if he were to live alone.

The Full Court unanimously dismissed the appeal, affirming the damages awarded by the Trial Judge. The Court found that the assessment of damages for future economic loss and future gratuitous services was appropriate and not manifestly excessive, and therefore the appeal was dismissed.