Kaiser v Johnston

Kaiser brought an action against Johnston following a motor vehicle accident, seeking compensation for personal injuries sustained. The case was heard in the District Court of New South Wales. The plaintiff claimed that Johnston, who was driving the vehicle, was negligent and that this negligence caused the accident, which resulted in significant injuries to the plaintiff.

The court was required to determine whether Johnston's negligence caused the accident and, if so, to what extent. The plaintiff argued that Johnston's failure to maintain proper control of the vehicle, specifically by not checking blind spots before changing lanes, led to the collision. Johnston contended that the plaintiff was also negligent and that the injuries sustained were exacerbated by the plaintiff’s pre-existing medical conditions. The court had to assess the degree of contributory negligence on the part of the plaintiff and its impact on the damages claimed.

The court found that Johnston was indeed negligent and that this negligence was the primary cause of the accident. The court also determined that the plaintiff had contributed to their injuries by not taking adequate precautions, but this did not absolve Johnston of liability. The court assessed the plaintiff's injuries and concluded that the plaintiff suffered a significant brain injury with a residual impairment of 45%. This impairment was directly attributable to the accident. The court awarded the plaintiff damages of $291,609, reflecting the extent of the injuries and the impact on the plaintiff's life.

The court ordered Johnston to pay the plaintiff’s costs of the proceedings, with an opportunity for the parties to list the matter for further argument on the issue of costs. Exhibits G and H were returned to the parties, while the remaining exhibits were to be retained for 28 days.