Pagonis v McKenzie

In *Pagonis v McKenzie*, the New South Wales Court of Appeal considered an appeal from a verdict for the defendant in a personal injury claim arising from a motor vehicle accident. The plaintiff, Pagonis, had sued the defendant, McKenzie, for damages allegedly suffered as a result of the collision.

The central legal issue before the Court of Appeal was whether the trial judge had erred in law in directing the jury, or in the conduct of the trial, in a manner that led to an unjust verdict. Specifically, the appeal concerned the proper application of principles relating to the assessment of damages and the apportionment of liability in motor vehicle accident cases.

The Court of Appeal found that there had been a misdirection by the trial judge concerning the assessment of damages, which likely influenced the jury's verdict. The nature of the misdirection related to the jury's understanding of the plaintiff's entitlement to damages, particularly in circumstances where contributory negligence might be a factor. Consequently, the Court determined that the verdict for the defendant could not stand.

A new trial was ordered.