Kenny v Ritter

The Court of Appeal considered an appeal and cross-appeal from a judgment of the District Court concerning a motor vehicle accident. The trial judge found both the plaintiff and defendant negligent in causing the collision, apportioning 70% liability to the defendant and 30% to the plaintiff. The damages were assessed at $237,125. The plaintiff, as cross-appellant, challenged the apportionment of liability and the assessment of damages, while the defendant, as appellant, contested the trial judge's approach to apportioning responsibility and the quantum of damages awarded.

The Court of Appeal examined whether the trial judge had erred in apportioning liability between the parties and in assessing the damages. Regarding the apportionment, the appellate court found that the trial judge's approach was flawed and set aside the original liability distribution, ordering that the plaintiff recover half of the damages to be reassessed. As for the damages, the appellate court increased the assessment of loss of future earning capacity, pain and suffering, and special damages, leading to a total damages award of $320,382.03. Consequently, the plaintiff was entitled to half of this amount, $160,191.015.

The appellate court allowed the appeal concerning the apportionment of liability, setting aside the trial judge's 70/30 split in favour of an equal 50/50 division. It also allowed the appeal regarding the damages assessment, increasing the total damages from $237,125 to $320,382.03, with the plaintiff ultimately entitled to $160,191.015. The judgment would take effect from the date of the District Court's original judgment, 18 June 2008, and the parties would be heard on costs.