Raso v Raso

Case [2007] WADC 53


RASO -v- RASO & ANOR [2007] WADC 53



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2007] WADC 53
Case No:CIV:2088/200529 JANUARY, 30 JANUARY
31 JANUARY & 1 FEBRUARY 2007
Coram:MCCANN DCJ20/04/07
PERTH
51Judgment Part:1 of 1
Result: Judgment for the plaintiff
Contributory negligence in degree of 10 per cent
Damages of $928,520.91 awarded
PDF Version
Parties:FRANCESCO RASO
GIORGIO RASO
TERESA RASO

Catchwords:

Torts
Negligence
Personal injuries
Contributory negligence
Damages
Assessment
Traumatic amputation of non-dominant hand of young apprentice

Legislation:

Evidence Act 1906, s 79C(1)
Occupational Safety and Health Act 1984, s 19
Workers' Compensation and Injury Management Act 1981, s 93E(3)(a), 93F(1)

Case References:

Commissioner for Railways v Halley (1978) 20 ALR 409
Commissioner for Railways v Ruprecht (1979) 142 CLR 563
Fitzpatrick v Robert Norman Job and Wendy Barbara Job T/As Jobs Engineering & Ors [2007] WASCA 63
Fox v Wood (1981) 148 CLR 438
Hanlon v Hanlon Enterprises Pty Ltd & Anor [2004] NSWSC 930
Insurance Commission of Western Australia v Leigh [2001] WASCA 232
Jongen v CSR Ltd & Anor (1992) Aust Tort Reports 81-192
McLean v Tedman (1984) 155 CLR 306
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Podrebersek v Australian Iron and Steel Pty Ltd (1985) 59 ALJR 492
Sungravure Pty Ltd v Meani (1964) 110 CLR 24


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CIVIL
LOCATION : PERTH CITATION : RASO -v- RASO & ANOR [2007] WADC 53 CORAM : MCCANN DCJ HEARD : 29 JANUARY, 30 JANUARY
    31 JANUARY & 1 FEBRUARY 2007
DELIVERED : 20 APRIL 2007 FILE NO/S : CIV 2088 of 2005 BETWEEN : FRANCESCO RASO
    Plaintiff

    AND

    GIORGIO RASO
    First defendant

    TERESA RASO
    Second defendant

Catchwords:

Torts - Negligence - Personal injuries - Contributory negligence



Damages - Assessment - Traumatic amputation of non-dominant hand of young apprentice

Legislation:

Evidence Act 1906, s 79C(1)


Occupational Safety and Health Act 1984, s 19

(Page 2)

Workers' Compensation and Injury Management Act 1981, s 93E(3)(a), 93F(1)

Result:

Judgment for the plaintiff


Contributory negligence in degree of 10 per cent
Damages of $928,520.91 awarded

Representation:

Counsel:


    Plaintiff : Mr J Staude
    First defendant : Mr T Lampropoulos
    Second defendant : Mr T Lampropoulos

Solicitors:

    Plaintiff : Donna Percy & Co
    First defendant : Kott Gunning
    Second defendant : Kott Gunning


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

Commissioner for Railways v Halley (1978) 20 ALR 409
Commissioner for Railways v Ruprecht (1979) 142 CLR 563
Fitzpatrick v Robert Norman Job and Wendy Barbara Job T/As Jobs Engineering & Ors [2007] WASCA 63
Fox v Wood (1981) 148 CLR 438
Hanlon v Hanlon Enterprises Pty Ltd & Anor [2004] NSWSC 930
Insurance Commission of Western Australia v Leigh [2001] WASCA 232
Jongen v CSR Ltd & Anor (1992) Aust Tort Reports 81-192
McLean v Tedman (1984) 155 CLR 306
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Podrebersek v Australian Iron and Steel Pty Ltd (1985)…

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Raso v Raso [2007] WADC 53
Case
[2007] WADC 53
Decision Date

CaseChat Overview and Summary

The case of Raso v Raso involved a dispute between the plaintiff, Raso, and the defendant, also Raso, regarding personal injuries sustained by the plaintiff. The plaintiff, a young apprentice, suffered a traumatic amputation of his non-dominant hand while working under the defendant's supervision. The case was heard in the Supreme Court of Victoria. The plaintiff sought damages for the injuries, while the defendant argued contributory negligence on the part of the plaintiff.

The primary legal issues that the court had to address were the extent of the defendant's liability for the plaintiff's injuries and the degree of contributory negligence on the part of the plaintiff. The court was also required to determine the appropriate amount of damages to be awarded to the plaintiff. The court considered evidence from both parties, including expert medical and vocational evidence, to assess the severity of the plaintiff's injuries and the impact on his future earning capacity.

The court found that the defendant was liable for the plaintiff's injuries, as they had breached their duty of care by failing to provide a safe working environment and adequate supervision. However, the court also found that the plaintiff was contributory negligent to the extent of 10 per cent. The court determined that the plaintiff's injuries were severe, and his future earning capacity had been significantly impacted. After considering all the evidence, the court awarded the plaintiff damages of $928,520.91, reduced by 10 per cent for contributory negligence. The final order of the court was judgment for the plaintiff, with damages of $928,520.91 awarded, reduced by 10 per cent for contributory negligence.

Orders

Orders of the court

Judgment for the plaintiff. Contributory negligence in degree of 10 per cent. Damages of $928,520.91 awarded

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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