Kathryn Hartas v Di Berry

Kathryn Hartas commenced proceedings in the Supreme Court against Di Berry, claiming damages for personal injuries sustained in three separate motor vehicle accidents. The plaintiff alleged that each incident resulted in soft tissue injuries, and sought to attribute damages to each accident. The defendant did not dispute the principle of attributing damages to each accident but rather the quantification of the damages.

The court was required to determine the extent of the damages attributable to each accident and the appropriate compensation for the plaintiff's injuries. The court considered medical evidence, expert opinions, and the plaintiff's testimony to assess the extent of the injuries and the impact on her life. The court also examined the circumstances of each accident to determine the extent to which the defendant was responsible for the injuries sustained by the plaintiff.

The court found that the plaintiff had sustained significant soft tissue injuries in each of the three accidents, and that the defendant was liable for the damages caused by those injuries. The court assessed the extent of the damages attributable to each accident and awarded the plaintiff compensation accordingly. The court also considered the plaintiff's costs, ordering the defendant to pay the plaintiff's costs at the Supreme Court Scale.

The court ordered judgment to be entered for the plaintiff in the sum of $20,601.45, together with the defendant paying the plaintiff's costs at the Supreme Court Scale. The court's decision provides guidance on the attribution of damages in cases involving multiple motor vehicle accidents and the assessment of compensation for soft tissue injuries.