Verryt v Schoupp

The case of *Verryt v Schoupp* concerned an appeal from a District Court decision regarding injuries sustained by a 12-year-old boy, the respondent, who was "skitching" (riding a skateboard while being towed by a vehicle) when he was injured. The appellant was the driver of the vehicle. The primary dispute revolved around the apportionment of responsibility for the accident and the assessment of damages.

The Court of Appeal was required to determine whether the primary judge erred in apportioning 100% of the responsibility for the accident to the driver, particularly in light of the boy's age and the provisions of s 5R of the *Civil Liability Act 2002* (NSW) concerning contributory negligence. Additionally, the court had to consider the assessment of damages for future economic loss, specifically whether the primary judge correctly applied s 126 of the *Motor Accidents Compensation Act 1999* (NSW) in awarding a lump sum for the lost opportunity to earn a higher income in self-employment, and whether this adjustment was manifestly excessive. The admissibility of expert evidence concerning the ordinary behaviour of children was also a point of contention.

The Court of Appeal found that the primary judge had erred in attributing sole responsibility to the driver, holding that the 12-year-old boy was contributorily negligent. The court reasoned that while the driver owed a duty of care, the boy, despite his age, also had a responsibility to take reasonable care for his own safety. The court also reviewed the assessment of future economic loss, finding that the lump sum awarded for the lost opportunity of self-employment was excessive. The court allowed the appeal in part, setting aside the original judgment and ordering a new verdict and judgment for the respondent against the appellant. The respondent was ordered to pay 90% of the appellant's costs of the appeal.