Schilling v Smith (No 2)

Schilling v Smith (No 2) involved the plaintiff, Ms Schilling, who was subjected to a prolonged and sustained assault by the first defendant, Adam Smith. The assault included sexual assault and other forms of physical abuse. The plaintiff sought damages for the injuries she suffered, with the total claimed amount amounting to $2,505,080.01, which included aggravated damages of $90,000. The court was tasked with determining the liability of the first defendant for the intentional torts of assault and battery and assessing the appropriate amount of damages to be awarded to the plaintiff.

The primary legal issues the court needed to resolve were whether the first defendant intentionally committed the acts of assault and battery against the plaintiff and, if so, what the appropriate quantum of damages should be. The court had to consider the nature and severity of the assault, the impact on the plaintiff's physical and psychological health, and the extent of the financial losses incurred due to the assault. The court also had to determine whether the plaintiff's claim for aggravated damages was justified and, if so, the appropriate amount.

In reaching its decision, the court found that the first defendant was indeed liable for the intentional torts of assault and battery. The court acknowledged the severity and brutality of the assault, noting the prolonged and sustained nature of the abuse, including the sexual assault. The court found that the plaintiff's claim for aggravated damages was justified, given the circumstances of the case. After carefully considering all the evidence and arguments presented, the court awarded the plaintiff the full amount of damages claimed, totaling $2,505,080.01. The court also ordered the first defendant to pay the plaintiff's costs of the proceedings.

The court's final orders included a verdict and judgment for the plaintiff against the first defendant in the sum of $2,505,080.01, with the first defendant to pay the plaintiff’s costs. The exhibits were to be returned to the plaintiff’s solicitor, subject to an undertaking to return them to the court if required for another proceeding. The court granted liberty to apply for further or other orders within seven days' notice.