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Tyron Micheli (by his Litigation Guardian Jane Micheli) v Tony Khoushaba - S CI 2018 01398

Summary of Verdict

13 June 2019

On 13 June 2019, a jury of six awarded the plaintiff damages in the sum of $300,000, finding that the defendant was liable in negligence for injuries sustained by the plaintiff in a road accident on 5 June 2013.

The plaintiff was driving a vehicle and was waiting to turn right at the intersection of Droop Street and Barkly Street in Footscray when a tram driven by the defendant struck the plaintiff’s vehicle from behind. As a result of the accident the plaintiff suffered injuries to his back and psychological injuries including post-traumatic stress disorder.

The defendant denied negligence and the extent of the plaintiff’s injuries, and argued in the alternative, that the plaintiff was contributorily negligent in that he, amongst other things, failed to keep a proper lookout and stopped suddenly when it was unsafe to do so.

The jury found the defendant liable, however found the plaintiff contributorily negligent to the extent of 30 per cent, reducing the amount to $210,000. The plaintiff’s application for an order that the jury’s finding of contributory negligence be set aside was dismissed. 

Note: a jury does not give reasons for its verdict.
 

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication