Scully v Roberts

[2003] WADC 42

SCULLY -v- ROBERTS [2003] WADC 42

Last Update:  17/03/2003

SCULLY -v- ROBERTS [2003] WADC 42
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WADC 42
Case No:	CIV:706/2000	Heard:	16 JULY, 30 OCTOBER & 12 NOVEMBER 2001, 18 & 19 NOVEMBER 2002
Coram:	VIOL DCJ	Delivered:	05/03/2003
Location:	PERTH	Supplementary Decision:
No of Pages:	27	Judgment Part:	1 of 1
Result:	Total award $180,875.93, including general damages award of $30,700
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	TERRANCE JOHN SCULLY RONALD ROBERTS
Catchwords:	Motor vehicle Assessment of damages Injuries to cervical spine and other areas Claims of loss of earning capacity, both past and future Whether work accident affected work capacity Turns on own facts
Legislation:	Motor Vehicle (Third Party Insurance) Act 1943 (as amended)
Case References:	Nil Nil

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : SCULLY -v- ROBERTS [2003] WADC 42 CORAM : VIOL DCJ HEARD : 16 JULY, 30 OCTOBER & 12 NOVEMBER 2001, 18 & 19 NOVEMBER 2002 DELIVERED : 5 MARCH 2003 FILE NO/S : CIV 706 of 2000 BETWEEN : TERRANCE JOHN SCULLY

Plaintiff

AND

RONALD ROBERTS
Defendant

Catchwords:

Motor vehicle - Assessment of damages - Injuries to cervical spine and other areas - Claims of loss of earning capacity, both past and future - Whether work accident affected work capacity - Turns on own facts

Legislation:

Motor Vehicle (Third Party Insurance) Act 1943 (as amended)

Result:

Total award $180,875.93, including general damages award of $30,700


(Page 2)

Representation:

Counsel:

Plaintiff : Mr R J Butcher
Defendant : Mr J G Staude

Solicitors:

Plaintiff : Butcher Paull & Calder
Defendant : John G Staude

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

Nil

Case(s) also cited:

Nil

(Page 3)

1 VIOL DCJ: The plaintiff, who is now aged 50 years old, was born on 24 April 1952.

2 The plaintiff was involved in a motor vehicle accident on 12 June 1998 ("the motor vehicle accident"). The defendant has admitted liability for such accident. The plaintiff alleges that, as a result of the accident, he sustained the following injuries:

1. An injury to the left ear resulting in hyperacusis;

2. An injury to the neck and cervical spine;

3. Consequential to his injuries, depression and anxiety; and

4. Horner's syndrome of the left eye.

3 As a result of the accident, it is said by the plaintiff that he attended a number of medical practitioners and has suffered a number of continuing and permanent disabilities. These are pleaded in par 4 of the statement of claim ie.:

"(a) Hearing loss and noise intolerance;

(b) Loss of balance;

(c) Jaw pain;

(d) Neck pain;

(e) Restricted neck movement;

(f) Weakness of the left arm;

(g) Nausea;

(h) Disturbed sleep;

(i) Difficulty sitting, standing or sustaining physical activity for long periods;

(j) A need to take medications;

(k) Frustration and anxiety; and

(l) Blurred vision in the left eye."

4 It is said by the plaintiff that, at the…