Leif Quinton Cruickshank v Daniela Radojicic

Leif Quinton Cruickshank, the plaintiff, brought a claim against Daniela Radojicic, the defendant, following a motor vehicle accident in which the plaintiff, a skateboard rider, was injured. The plaintiff alleged that the defendant, who was driving a vehicle, was negligent and that her negligence caused the accident and the subsequent injuries. The dispute was heard in the Supreme Court of New South Wales. The central issues the court had to decide were whether the defendant was negligent, the extent of the plaintiff’s contributory negligence, and the appropriate apportionment of liability between the parties. The court also had to determine the quantum of damages to be awarded to the plaintiff.

The court found that the defendant was negligent in that she failed to give way to the plaintiff who was riding a skateboard on a road. It was determined that the plaintiff also contributed to the accident by not wearing a helmet and by riding his skateboard on a road rather than a designated path. The court apportioned 60% of the liability to the defendant and 40% to the plaintiff. In assessing the damages, the court considered the severity and impact of the plaintiff’s injuries, his loss of earning capacity, and the costs of future medical care. The court awarded the plaintiff $905,773 in damages, reflecting the apportionment of liability.

The court ordered that the defendant pay the plaintiff's costs on an ordinary basis up to a certain date and on an indemnity basis thereafter. It also directed that the exhibits be retained for 28 days. The court’s detailed reasons for the judgment, including the basis for the apportionment of liability and the assessment of damages, were published.