Wael Al-Buseri v Don Jimme

In the Supreme Court of New South Wales, the plaintiff, Wael Al-Buseri, brought a claim against the defendant, Don Jimme, for damages resulting from a road traffic accident. The plaintiff’s vehicle was struck by the defendant’s vehicle at an intersection, leading to injuries. The primary issue for the court was to determine whether the defendant was negligent and, if so, to what extent. Additionally, the court needed to decide on the appropriate amount of damages to be awarded to the plaintiff.

The court examined competing evidence from forensic traffic engineers regarding the plaintiff’s speed at the time of the collision. The plaintiff argued that the defendant was negligent due to the manner in which he turned across the plaintiff’s lane. The court applied the Jones v Dunkel inference, holding that the defendant's actions were negligent as they were not consistent with a careful driver. The court found that the plaintiff had established liability on the part of the defendant. The court also considered the plaintiff's claim for damages, including future economic loss. The plaintiff had returned to his pre-injury duties as a train driver and maintained a physically active lifestyle. The court found that there was no evidence of a diminution in the plaintiff's working life and, as such, did not award future economic loss damages. The court agreed on past out-of-pocket expenses and deferred future out-of-pocket expenses to Medical Assessment Service certificates.

The court ordered that judgment and verdict be entered in favour of the plaintiff in the sum of $22,138.72, along with interest as prescribed by law. The defendant was also ordered to pay the plaintiff's costs unless either party requested a hearing on costs within seven days of the judgment.