Pulitano v Van Eps (No.2)

The parties to this proceeding were Mr. Pulitano, the plaintiff, and Mr. Van Eps, the defendant. The dispute concerned the plaintiff's claim for damages for personal injuries sustained in a motor vehicle accident. The matter came before Judge Jarrett in the District Court of New South Wales.

The primary legal issue before the court was to determine the quantum of damages to which the plaintiff was entitled. This involved assessing the plaintiff's past and future economic loss, past and future non-economic loss (pain and suffering), and the reasonableness of certain medical expenses incurred. The court was also required to consider the extent to which any contributory negligence on the part of the plaintiff might reduce the awarded damages.

Judge Jarrett applied the principles of common law damages for personal injury, including the assessment of future economic loss based on established actuarial tables and considerations of the plaintiff's earning capacity. The court considered the medical evidence presented to assess the severity and permanency of the plaintiff's injuries and their impact on his ability to work and enjoy life. In relation to contributory negligence, the court found that the plaintiff had not been contributorily negligent, as the accident was solely caused by the defendant's actions. The court awarded the plaintiff damages for past and future economic loss, past and future non-economic loss, and past medical expenses, totaling $1,017,000.