Ronkovich v Eveans

The plaintiff, Brendon Peter Ronkovich, sued the defendants, Peter G. Evans, Roza Iris Evans, Janos Jozsif Zsolcza, and Iris Maude Zsolcza, for personal injuries sustained while working for the defendants on their market garden at Thornlands. The plaintiff alleged that the defendants breached their duty of care, causing him to suffer back pain and associated disability. The court was required to decide whether the plaintiff had proved that some negligent act or omission of the defendants contributed to his injury, and if so, to assess the damages.

The court found that the plaintiff's evidence was unreliable, and his testimony was often not actual recall but rather guesswork, exaggeration, and the product of attempts at advancing his interests. The court could not conclude that it was more probable than not that sledgehammering, as distinct from other work done on the 25th, was responsible for the back pain. The court also found that the defendants had not breached their duty of care, as they could not have been expected to have found or anticipated the plaintiff's unusual defect rendering him susceptible to the onset of symptoms.

Regarding damages, the court considered that the assessment must reflect that the onset of symptoms may have been accelerated by other non-tortious trauma. The court awarded $45,000 for pain, suffering, and loss of the enjoyment of the amenities of life, and $60,000 for diminution in future earning capacity until the trial. The action was dismissed.

The final orders of the court were that the plaintiff's action be dismissed and that the plaintiff pay the defendants' costs of the action.