Keywords
Assessment of damages – Future economic loss.
Facts
The Plaintiff was 55 years old at the time of judgment and sustained injuries to his left elbow and right knee caused by a dog attacking him while riding his motorcycle along a public road. The Plaintiff obtained default judgment against the Defendant and damages were to be assessed by the Court.
Decision
Waugh SC DCJ, delivered on 3 December 2024. Judgment for the Plaintiff in the sum of $460,998.99 plus costs of the proceedings.
Ratio
At the time of the incident, the Plaintiff was working for Coca-Cola Amatil as a warehouse manager which required him to walk a minimum of 10,000 steps per day. After sustaining his injuries, his employer effectively created a new role for him being a systems and inventory lead which did not require him to use the stairs or walk as much.
The Plaintiff in his affidavit submitted the skills of his new role are specific to Coca-Cola only, whereas had he been able to continue as a warehouse manager, his skills would have been more transferable on the open labour market.
The Plaintiff further submitted had he remained in the warehouse manager role, he could have been promoted to supply chain manager role that would have seen an increase in earnings of about $50,000 per annum. The supply chain manager role was described by the Plaintiff as a “very dynamic role requiring a significant amount of travel”.
There was no further evidence before the court aside from the Plaintiff’s affidavit surrounding his potential career advancement opportunities. The Court accepted the Plaintiff’s evidence however, needed to assess the claim objectively.
Rehabilitation specialist, Dr Mohammed Assem gave evidence about the likelihood of the Plaintiff finishing work five years earlier than he might have otherwise because of his ongoing disabilities.
The Plaintiff’s Counsel submitted the Court should allow a buffer of $200,000 for future economic loss to allow for the likelihood of the Plaintiff retiring five years earlier and it being more likely than not he has lost the prospect of becoming a supply chain manager either with his present employer or other similar employer.
The Court however allowed $100,000 in damages for future economic loss.
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