Mahony v Watson [No 2]

The appeal concerned a dispute over damages awarded for personal injury sustained in a motor vehicle accident. The appellant, Mahony, had sued the respondent, Watson, for negligence. The primary issue before the Court of Appeal was whether the trial judge had erred in discounting the damages awarded to the appellant by reason of a subsequent motor vehicle accident, and whether the trial judge's finding of a failure to mitigate damages was correct.

The Court of Appeal was required to determine two principal legal issues. Firstly, whether the trial judge was correct in attributing a portion of the appellant's injuries to a subsequent accident, thereby reducing the damages recoverable from the respondent. Secondly, whether the trial judge's finding that the appellant had failed to mitigate her damages was justified.

The Court of Appeal allowed the appeal, finding that the trial judge's conclusion to discount damages due to the subsequent accident was incorrect. The Court reasoned that the evidence did not establish that the subsequent accident had caused or materially contributed to the injuries for which the appellant was seeking damages from the respondent. Furthermore, the Court found that the trial judge's finding of a failure to mitigate damages was also not supported by the evidence. Consequently, the Court set aside the judgment of the District Court and entered judgment for the appellant in a revised sum. The respondent was ordered to pay the appellant's costs of the appeal on an indemnity basis.