Harradine v Bishop No. DCCIV-99-1198

This case was heard in the District Court of South Australia. The plaintiff, Ian Harradine, was injured in a motorcycle accident on Stanbel Road when he collided with a truck driven by the defendant, Alan James Jonas. The plaintiff brought an action against the defendant seeking damages for injuries sustained. The plaintiff alleged the defendant was negligent in that he failed to give way to the plaintiff. The defendant denied he was negligent, and alleged the collision occurred wholly by reason of the plaintiff’s negligence or, alternatively, the plaintiff was guilty of contributory negligence. The court found that the defendant was negligent in his failure to look to his rear before driving off in a manoeuvre which brought the truck into the plaintiff’s path of travel. The court found the plaintiff was contributorily negligent to which the court apportioned one third as his responsibility for the collision. The court assessed the plaintiff's damages as $283,262, reduced by one third for the plaintiff’s contributory negligence, producing $208,252.95. After allowing for amounts already paid by or on behalf of the defendant, the court gave judgment for the plaintiff against the defendant in the sum of $208,252.95. The court reserved the matter of costs for later determination.