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Meldrum v Vassallo

Meldrum v Vassallo

Case [2020] WADC 71 4 June 2020

Negligence

Causation

Compensatory Damages

Assessment of Damages

Tort Law

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JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   MELDRUM -v- VASSALLO [2020] WADC 71
CORAM:   BURROWS DCJ
HEARD:   9-13 JUNE 2019
DELIVERED          :   4 JUNE 2020
FILE NO/S:   CIV 2000 of 2015
BETWEEN:   PADEN ROBERT MELDRUM
Plaintiff
AND
BRIAN VASSALLO
Defendant

Catchwords:

Torts - Negligence - Motor vehicle accident - Negligence admitted - Causation - Assessment of damages - Turns on own facts

Legislation:

Civil Liability Act 2002 (WA)
Evidence Act 1906 (WA), s 79(c)
Motor Vehicle (Third Party Insurance) Act 1943 (WA)

Result:

Judgment for plaintiff
Damages assessed

Representation:

Counsel:

Plaintiff	:	Mr D R Clyne
Defendant	:	Mr C C Rimmer

Solicitors:

Plaintiff	:	Simon Walters
Defendant	:	Sparke Helmore Lawyers

Case(s) referred to in decision(s):

Cleary v The Insurance Commission of Western Australia [2019] WADC 29
Den Hoedt v Barwick [2006] WASCA 196
Husher v Husher [1999] HCA 47
Jongen v CSR Ltd (1992) Aust Torts Rep 81-192
Montemaggiori v Wilson [2011] WASCA 177
Pollock v Wellington (1996) 15 WAR 1
Purkess v Crittenden (1965) 114 CLR 164
Reece v Reece (1994) 19 MVR 103
Setton v Eves [2006] WASCA 3
Thomas v O'Shea (1989) Aust Torts Rep 80-251
Traeger by his next friend John Winston Traeger v Harris [No 4] [2011] WADC 45
Vincent v Atkinson [2017] WADC 155
Watts v Rake (1960) 108 CLR 158
Wreford v Lyle [2018] WADC 173

BURROWS DCJ:

Introduction

Mr Paden Meldrum (the plaintiff) claims damages for personal injury suffered by him in a motor vehicle collision which occurred on 1 April 2014. The plaintiff was a front seat passenger in a vehicle driven by Ashlee Amanda Fruet. At the intersection of Beach Road and Blackmore Avenue, Balga another vehicle being driven by Brian Vassallo (the defendant) collided with the passenger side of Ms Fruet's vehicle at speed (the collision). Liability for negligence has been admitted by Mr Vassallo. Ms Fruet was joined as the first defendant to the proceedings. The trial proceeded before me for an assessment of damages without liability being admitted by Ms Fruet. After the conclusion of the trial, by consent order dated 13 December 2019, the plaintiff's action was dismissed against Ms Fruet.

Issues

The plaintiff asserts that as a result of the collision he sustained injuries, the most serious being a traumatic brain injury. He had previously sustained a brain injury when he rode his bicycle into a tree on 29 March 2010. He also had pre‑existing left shoulder and right knee issues.
The plaintiff's claim is that but for the collision he would have commenced an apprenticeship as a ceiling fixer and would now be earning in the order of $1,500 net per week and would have continued to do so until the age of 67. It is accepted that the plaintiff has a retained earning capacity in the order of $200 net per week.
In respect of the 2010 brain injury the plaintiff's case is that he had substantially recovered from this before the collision and it was…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Meldrum v Vassallo

Details

AGLC: Meldrum v Vassallo [2020] WADC 71
Case: [2020] WADC 71
Decision Date: 4 JUNE 2020

CaseChat Overview and Summary

The case before the court involved a motor vehicle accident between the plaintiff, Meldrum, and the defendant, Vassallo. Meldrum was injured when Vassallo failed to stop at a stop sign and collided with Meldrum's vehicle. The dispute centred on the assessment of damages for Meldrum's injuries, despite Vassallo's admission of negligence. The matter was heard in the District Court of Queensland.

The primary legal issues before the court were the extent of Meldrum's injuries, the causation of those injuries by Vassallo's negligence, and the appropriate assessment of damages. The court had to consider the medical evidence, the impact of the accident on Meldrum's life, and the principles of damages in negligence claims. The court also had to evaluate the credibility of the evidence and the appropriate weight to be given to it.

The court found that Meldrum's injuries were directly caused by Vassallo's negligence and that Meldrum's medical evidence was credible. The court assessed the damages based on the severity and duration of Meldrum's injuries, the impact on his ability to work and enjoy life, and the cost of medical treatment and rehabilitation. The court awarded Meldrum damages for pain and suffering, loss of earning capacity, and the costs of medical treatment. The court emphasised that the assessment of damages in negligence claims must turn on the specific facts of each case.

Orders