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Kennedy (by Her Next Friend Rolf Hans Meyer) v Nalau and The State [1981] PGLawRp 617; [1981] PNGLR 543 (22 January 1981)

Papua New Guinea Law Reports - 1981

[1981] PNGLR 543 - Jacqueline Kennedy by Her Next Friend Rolf Hans Meyer v Jerry Nalau and The State 

[1981] PNGLR 543

N277

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

JACQUELINE KENNEDY

BY HER NEXT FRIEND

ROLF HANS MEYER

V

JERRY NALAU

AND

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

Waigani

Narokobi AJ

22 January 1981

DAMAGES - Personal injuries - Particular awards of general damages - Facial lacerations - Scarring - Continuing aggravation of eye causing watering - Future cosmetic surgery - Female child aged 8 years - Award of K10,600 general damages.

The plaintiff, a female child aged eight years and eight months (over eleven at date of trial) suffered facial cuts and lacerations as a result of a motor vehicle accident, as a result of which she was left with permanent facial scarring requiring future cosmetic surgery and a scarred eye subject to aggravation by wind dust etc.: there had been some slight setback in her schooling unlikely to affect future progress.

Held:

General damages should be assessed at K10,600 including K1,200 for future economic loss and K500 for future medical expenses.

Trial.

This was an action in which the plaintiff, an infant, by her next friend claimed damages for personal injuries as a result of a motor vehicle accident which occurred in February 1977.

Counsel:

M. White, Q.C., (Brisbane) for the plaintiff.

M. Fitzsimmons, for the defendant.

Cur. adv. vult.

22 January 1981

NAROKOBI AJ:  [The following is a summary of his Honour’s judgment]:  The plaintiff, a female child and an Australian citizen aged eight years and eight months claimed damages for perso76nal injuries arising out of a motor vehicle accident in which she was a passenger in her father’s motor vehicle.

The injuries suffered by the plaintiff were principally cuts to the face and head following impact with the dashboard of the car. The cuts were treated to surgical repair under anaesthetic, some sixty four stitches in all being inserted; she was hospitalized for six days and for one month from the date of the accident, she could see only with one eye and wore a patch on the other.

Apart from obvious permanent facial scarring requiring future cosmetic surgery the plaintiff continues to suffer from irritation to the scarred eye, which is susceptible to wind, dust and yawns causing watering or tearing, which when excessive leads to coughing and asthmatic attacks (asthma being a prior existing condition).

Subsequently to the accident the plaintiff’s school grades fell and his Honour made allowance for the possibility of extra tutorials should eye problems continue to hinder her progress.

His Honour then assessed damages as follows:

Judgment and verdict accordingly.

Solicitors for the plaintiff: Gadens.

Solicitors for the defendant: R. K. Woods, Acting State Solicitor.