Little v McCarthy

In the case of Little v McCarthy, the plaintiff, Little, sought damages for personal injuries sustained in a motor vehicle accident involving the defendant, McCarthy. The dispute centred around the extent of Little's injuries and the resulting damages. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court were threefold. Firstly, whether the pain experienced by Little was indeed as severe as claimed, given that he did not require medication for his injuries. Secondly, whether Little had suffered any loss of earning capacity as a result of the accident. Lastly, the court had to determine whether Little required ongoing therapy for his injuries and if such therapy was necessary due to the accident.

The court assessed the evidence and concluded that Little's pain was genuine and warranted compensation. It found that the plaintiff's employment with his father's company and his demanding work schedule as a qualified tradesperson did not diminish the legitimacy of his claims. The court further determined that while Little did not require ongoing therapy, he had suffered a loss of earning capacity due to the impact of the accident on his ability to work. The court awarded Little damages in the sum of $254,560.42.