Milos Stefanovic v Catherine Wortley

[2002] ACTSC 122

Stefanovic v Wortley [2002] ACTSC 122 (6 December 2002)

Last Updated: 12 December 2002

Milos Stefanovic v Catherine Wortley [2002] ACTSC 122 (6 December 2002)

CATCHWORDS

DAMAGES - assessment - motor vehicle accident - head and back injuries - no issue of principle

Fox v Wood [1981] HCA 41; (1981) 148 CLR 438

Jones v Dunkel[1959] HCA 8; (1959) 101 CLR 298

No. SC 318 of 2002

Coram: Master T. Connolly

Supreme Court of the ACT

Date: 6 December 2002

IN THE SUPREME COURT OF THE )

) No. SC 318 of 2002

AUSTRALIAN CAPITAL TERRITORY )

BETWEEN: MILOS STEFANOVIC

Plaintiff

AND: CATHERINE WORTLEY

Defendant

ORDER

Coram: Master T. Connolly

Date: 6 December 2002

Place: Canberra

THE COURT ORDERS THAT:

1. Judgment for the plaintiff in the sum of $125,961.42

2. Costs reserved

1. This is a claim for damages for personal injuries arising from a motor vehicle accident which occurred on 13 July 1998 at Pearce in the Australian Capital Territory. The plaintiff had just left his job as a cleaner at the Marist School at Pearce and was crossing Melrose Drive on foot when he was struck by a vehicle driven by the defendant. Liability was denied and contributory negligence was pleaded, but on the first day of the hearing the parties advised me that they had agreed that breach of duty of care was established, and that contributory negligence should be found in the amount of 20%, so the matter was able to proceed on the basis of an assessment of damages only.

2. The plaintiff was born in 1941 in Serbia, and after his secondary education worked as a factory worker before immigrating to Australia in 1969 at the age of 28. He first found employment in a factory in Fairfield in Sydney, and in 1974 he came to Canberra and found employment as a machine operator at the Royal Australian Mint, where he manufactured coins. He held this job until 1991, when he was retrenched as part of the changing operations at the Mint. He says that he had been doing some part time cleaning work before he lost this job, and he moved on to full time work as a cleaner