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Micheli, Tyron (by his litigation guardian Micheli, Jane) v Khoushaba, Tony [2020] VSCA 128

ACCIDENT COMPENSATION
Victorian Court of Appeal
Judge(s): 
Tate, Kyrou and Kaye JJA
Parties: 

Micheli, Tyron (by his litigation guardian Micheli, Jane) v Khoushaba, Tony

Judgment Date: 
21 May 2020
Catchwords: 

ACCIDENT COMPENSATION - Appeal - Transport accident - Personal injury - Jury trial - Quantum of damages for pain and suffering and pecuniary loss - Jury awarded $140,000 in damages for pain and suffering and $160,000 for pecuniary loss - Whether amounts awarded manifestly inadequate - Verdict not reasonably open to jury on the evidence - Leave to appeal granted - Appeal allowed.

ACCIDENT COMPENSATION - Appeal - Transport accident - Personal injury - Jury trial - Assessment of contributory negligence - Jury assessed contributory negligence at 30 per cent - Whether assessment of contributory negligence unreasonable - Assessment of contributory negligence reasonable and open on the evidence - Application for leave to appeal on this ground refused.

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