Tu Tran v Dos Santos

In the case of Tu Tran v Dos Santos, the plaintiff, Tu Tran, was severely brain damaged as a result of a motor vehicle accident. Tu Tran sought compensation from the defendant, Dos Santos, for damages arising from the accident. The case was heard in the Supreme Court of Victoria. The dispute centred on issues of negligence, contributory negligence, and the assessment of damages, particularly in light of Tu Tran's severe cognitive impairment and limited life expectancy.

The court was required to determine whether Dos Santos was negligent in causing the accident and whether Tu Tran's contributory negligence should be considered in assessing damages. Additionally, the court had to assess the extent of damages, including future medical care, treatment, and rehabilitation, given Tu Tran's severe brain injury and the improbability of significant recovery. The application of the agony of the moment/emergency principles to both parties was also a critical issue.

The court found Dos Santos negligent in causing the accident and rejected the defendant's claim of contributory negligence on the part of Tu Tran. The court assessed the damages, taking into account Tu Tran's severe cognitive impairment, limited life expectancy, and the unlikelihood of significant rehabilitation. The court ordered Dos Santos to pay damages for future medical care and treatment, but did not order the provision of a purpose-built house for Tu Tran, given his unawareness of his surroundings and condition. The court's decision balanced the principles of negligence and contributory negligence with the practical realities of Tu Tran's condition.